1. General Government
2. Governing Body
3. Finance & Taxation
7. Traffic Code
8. Public Works
10. Public Nuisances
11. Health & Welfare
12. Licenses and Permits
14. Building Code
17. Zoning Code
18. Subdivisions
19. Recycling
20. Wetlands
21. Stormwater Management
25. Construction and Effect of Ordinances

CHAPTER 1

GENERAL GOVERNMENT
(Am. 8/15/05) (Am. 7/17/06)

GENERAL PROVISIONS AS TO OFFICIALS

1.01                 Elected Officials
1.02                 Appointed Officials
1.03                 Oaths and Bonds
1.04                 Removals
        1.05                 Vacancies
            1.06                 Salaries
            1.07                 Receipt of Gifts and Gratuities
            1.08                 Election Officials

OFFICIALS

           1.10                  Town Chairman and Supervisors
           1.11                  Assessor
           1.12                  Town Attorney
           1.13                  Clerk
           1.14                  Treasurer
           1.15                  Town Constable

BOARDS AND COMMISSIONS

           1.20                  Plan Commission

1.                  Board of Park Commissioners
2.                  Board of Review  (Cr. 7/2/01)

GENERAL GOVERNMENT 1.01

GENERAL PROVISIONS AS TO OFFICIALS

1.01  ELECTED OFFICIALS.   (Am. 12/6/04).

1. The Town Board of the Town of River Falls shall consist of five members;  The supervisors shall be designed Chairperson, Supervisor 1, Supervisor 2, Supervisor 3 and Supervisor 4.

1. Supervisors 1 and 2 and the Chairperson shall be elected in odd numbered years and supervisors 3 and 4 shall be elected in even numbered years.

1. A quorum of the Town Board shall consist of a majority of its members.

1.015 TOWN CONSTABLE. (Cr. 12/6/04).  There shall be two Town Constables.  The Constables shall be elected for two year terms in odd numbered years. 

   1.02  APPOINTED OFFICIALS.  (Am. 7/17/06).  The following Town officials shall be     appointed in the manner and for the term indicated:

                 Official                                 How Appointed                                    Term

         Animal Warden                              Town Board                                    Indefinite

         Assessor                                        Town Board                                    Indefinite

         Attorney                                         Town Board                                    Indefinite

         Building Inspector                           Town Board                                    Indefinite

         Chair Pro Tem                                Town Board                                    Until the current
                                                                                                                       chair is able to   
                                                                                                                       resume their                                        duties

         Driveway Permit Issuer                   Town Board                                    Indefinite
         (Cr. #2004-06)

         Zoning Administrator                      Town Board                                    Indefinite
         (Cr. #1990-4)                                                                                                                                                                                                                                                                                                              
                                          
1.03   OATHS AND BONDS.  Elected and appointed officials shall take and file the official oath within 5 days after notice of their election or appointment and shall execute and file the official bond as required by State Statutes and this General Code.

1.04   REMOVALS. (1) ELECTED OFFICIALS.  Elected officials may be removed by the Town Board as provided in §17.13(2), Wis.  Stats., or by the judge of the Circuit Court for cause pursuant to §17.13(3), Wis. Stats., or as provided by §17.16, Wis.  Stats.
                                                                                    GENERAL GOVERNMENT 1.04(2)

(2)   APPOINTED OFFICIALS.  Appointed officials may be removed as provided in S§17.13(l) and (3) and 17.16, Wis.  Stats.

1.05  VACANCIES. (1) HOW OCCURRING.  Vacancies in elective and appointive positions are caused as provided in S§17.03 and 17.035, Wis.  Stats.

(2)   HOW FILLED.  Vacancies in elective and appointive offices shall be filled as provided in §17.23, Wis.  Stats.

GENERAL GOVERNMENT  1.06

            1.06   SALARIES.   The Salaries of all elected and appointed officials, including members of boards and commissions, shall be as determined by the Town Board from time to time, provided the salary of the Chairman and members of the Board shall not be increased during their terms of office.  (See §66.196, Wis. Stats.)

            1.07   RECEIPT OF GIFTS AND GRATUITIES.   (1)  RESTRICTED.  No Town employee or official shall receive or offer to receive, either directly or indirectly, any gift, gratuity or other thing of value which he is not authorized to receive from any person who:

            (a)   Has or is seeking to obtain contractual or other business or financial relationships with the Town or Town Board.

            (b)   Conducts operations or activities which are regulated by the Town or Town Board; or

            (c)   Has interests which may be substantially affected by the Town or Town Board.

            (2)   PENALTY.   The receipt of any gift, gratuity or other thing of value as denoted above is contrary to the public policy of the Town and is punishable as provided in §946.12, Wis. Stats.  Such conduct shall also be punishable under §25.04 of this General Code.

            1.08   ELECTION OFFICIALS.   (Cr. 11/7/94)  (1) Election officials shall be appointed as provided in §7.30 Wis. Stats.

1. The Town Board may select alternate officials, or select two sets of officials to work at different times on election day.

                                                                                    GENERAL GOVERNMENT 1.10

1.10  TOWN CHAIRMAN AND SUPERVISORS. (1) ELECTION AND TERM.  See §1.01 of this chapter.

(2)  AUTHORITY. The Town Board shall have all powers of the Town not specifically given to some other body or officer.  Except as otherwise provided by law, the Town Board has power over property, finances, highways, streets, utilities and the public service; may act for the government and good order of the Town, for its commercial benefit and for the health, safety, welfare and convenience of the public; and may carry its powers into effect by license, regulations, suppression, borrowing, taxation, special assessment, appropriation, imposition of forfeitures and other necessary or convenient means.  The Town Board may appoint such officials from time to time as may be deemed necessary for the benefit of the community.  In addition, the Board shall have the powers enumerated in §60.22, Wis.  Stats., and may exercise the powers enumerated in §60.23, Wis.  Stats.  The powers hereby conferred shall be in addition to all other grants and shall be limited only by express language.

(3)   OTHER PROVISIONS.  See also Chapter 2 of this General Code.

1.11   ASSESSOR. (1) APPOINTMENT AND TERM.  See §1.02.

(2)   POWERS AND DUTIES. (a) Applicable Statute.  See §60.307, Wis.  Stats.

(b)   Other Duties Prescribed by Law.  He shall perform such other duties as shall be prescribed by State law, supervisory personnel of the State Department of Revenue and the Town Board, including attendance at all meetings of the Board of Review.

1.12   TOWN ATTORNEY. (1) APPOINTMENT AND TERM.  See §1.02 of this chapter.

(2)   POWERS AND DUTIES.  The Town Attorney shall perform such duties as directed by the Town Board.

1.13   CLERK. (1) ELECTION AND TERM.  See §1.01 of this chapter.

GENERAL GOVERMEMT    1.13(2)

 (2)         POWERS AND DUTIES.  The Town Clerk shall have such powers and perform such duties as prescribed by State law and directed by the Town Board.  See §60.33, Wis.  Stats.

(3) PAYMENT OF ROUTINE BILLS. (Cr. 12/3/01) The Town Clerk is hereby authorized to pay employee wages, payroll withholding and health insurance, utility bills and other bills of routine nature without prior Board approval. All such bills so paid will be reviewed by the Board at its next regular meeting.

    1.14    TREASURER.  The Town Treasurer shall have such powers and perform such duties as prescribed by State law and directed by the Town Board.  See §60.34, Wis.  Stats. It shall be the duty of the Treasurer to keep, or cause to be kept, accurate and detailed records of the licensing of dogs in the Town of River Falls and to serve as the municipal dog listing official, pursuant to §§174.06(2) and 174.065(1), Wis. Stats. (Am. 9/9/98)

1.15   TOWN CONSTABLE. (1) STATUTORY AUTHORITY.  Pursuant to §60.22(4) and §60.35, Wis.  Stats. , the Town Board hereby establishes the jurisdiction and duties of the Town Constable as described herein.

(2)   JURISDICTION AND DUTIES.  The Town Constable shall:

(a)   Keep and preserve the peace within the Town and shall have the full peace shall have the full peace powers to arrest and apprehend any person for felony or breach of peace pursuant to §59.24, Wis. Stats., and for purposes of carrying out such duties shall be considered a peace officer as defined in §939.22(22), Wis.  Stats.

            (b)   Suppress unlawful assemblies within the Town pursuant to §947.06, Wis.  Stats.

 (c)    Direct and regulate traffic and make arrests for violation of traffic crimes and
regulations of Chapters 194 and 341 to 349, Wis.  Stats., and for purposes of carrying out such duties shall be considered a traffic officer as defined in §340.01(70), Wis.  Stats.

    (d)   Serve within this county any writ, process, order or notice and execute any order, warrant or execution lawfully directed to or required to be executed by him by any court or officer.

    (e)   Attend upon the sessions of the Circuit Court in this county when required by the sheriff.

1. Inform the District Attorney of all trespasses on public lands of which he has knowledge and information.

GENERAL GOVERNMENT    1.15(2)(g)

(g)   Impound cattle, horses, sheep, swine and other animals at large on the highways in violation of any published order or ordinance adopted by the Town Board                       

    (h)   Cause to be prosecuted all violations of law of which he has knowledge or information.

    (i)   Perform all other duties required by any law.

  (j)   Act on behalf of the Town Board as directed to:

    1.   See that Town orders and ordinances are obeyed.

    2.   See that peace and order are maintained in the Town.

    3.  Obtain necessary assistance, if available, in case of emergency, except as provided under Chapter 166, Wis.  Stats., for emergency government.

   (3)   ORDER TO ACT AND COMPENSATION.  Constables must be requested by Town or county officials to act.

   (4)   NONEXCLUSIVITY.  (a)  Other Ordinance.  Adoption of this section does not preclude the Town Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matters.

   (b)   Other Remedies.  The jurisdiction and duties of the Town Constable as stated herein shall not preclude the Town Board or any other Town officer from proceeding under any ordinance or law or any other enforcement method to enforce any ordinance, regulation or order.

GENERAL GOVERNMENT 1.20

1.20   PLAN COMMISSION (1) PURPOSE.  This section creates a Town Plan Commission under §§60.10(2)(c), 60.22(3), 61.35 and 62.23, Wis.  Stats., and the Town Board hereby does create a Town Plan Commission.

(2)   HOW CONSTITUTED.  The Plan Commission shall consist of the Town Board Chairman, who shall be its presiding officer, a supervisor and 5 citizens.  Citizen members shall be persons of recognized experience and qualifications.  The supervisor member shall be elected by a 2/3 vote of the Town Board each April.  Citizen members shall be appointed by the Town Board Chairman for 3 year terms commencing in May of the year of appointment, with Town Board approval for the Town Board Chairman's appointments.

(3)        VACANCIES.  Vacancies other than ex officio shall be filed by appointment for the unexpired term in the same manner as original appointments.

(4)   ORGANIZATION.  The Plan Commission shall elect a vice chairman and a secretary, hired or elected, shall keep records of its proceedings to include all actions taken and a copy shall be filed with the Town Clerk.  All actions shall require the affirmative vote of a majority of the members of the Commission.

(5)  RULES.  The Plan Commission is authorized to adopt rules governing its own proceedings.

(6)   POWERS AND DUTIES.  The Plan Commission shall have such powers and duties as a provided in §62.23, Wis.  Stats., and such other powers and duties as the Town Board may prescribe from time to time.  It shall be a function of the Plan Commission to report its findings concerning subjects under its jurisdiction to the Town Board.

(7)   MEETINGS. (Am. #1994-9; Am 8/15/05) If there is business to conduct, the Plan Commission shall meet at the Town Hall, on the 1st and 3rd Monday of each month, at an hour that is earlier than the Town Board meeting.   From time to time, the Town Board Chairman may call additional meetings of the Plan Commission to discuss items.  The Town Board shall retain oversight for building permit applications relating to nonresidential buildings such as churches, schools, lodges and all light industrial, commercial and ETZ permits.

GENERAL GOVERNMENT  1.21

1.21  Park and Recreation Committee.  (Cr. 10/16/95) (Am. 8/20/07) (1)  A Park and Recreation Committee is hereby established.

                (2)  The Park and Recreation Committee shall have those duties set forth in Sec. 11.05 and as otherwise directed by the Town Board.

                (3)  The Park and Recreation Committee shall consist of five members, one of which shall be a Town Board Member, and the other four of which may be citizen members. Members shall be appointed by the Town Chair for 3 year staggered terms commencing in May of the year of appointment.

            1.22  BOARD OF REVIEW.  (Cr. 7/2/01)  (1) ALTERNATES. Pursuant to §§70.47(6m(c) and 70.46(1), Wis. Stats., the Town Board may from time to time appoint by resolution alternates to serve on the Board of Review in the event a standing member of the Board of Review is removed or unable to serve. Alternates appointed shall serve in the order specified in the resolution naming said alternates.

(2)  CONFIDENTIALITY. (a)  §70.47(7) Wis. Stats. is hereby adopted by reference. Income and expense information furnished to an assessor by a property owner for the purpose of establishing valuation of property for assessment purposes by the income method of valuation shall be confidential and shall not be a public record open to inspection or copying under §19.35(1) Wis. Stats. 

(b) Exceptions to Nondisclosure. An assessor or other officer having possession of such information may make disclosure of same under the following circumstances:

1.  The assessor has access to such information in the performance if his/her duties;

            2.  The Board of Review may review such information when needed, in its opinion, to review a contested assessment;

            3.    Another person or body has the right to review such information due to the intimate relationship to the duties of an office or as set by law;

4.  The assessor or officer is compiling with a Court Order;

            5.  The person providing the income and expense information has contested the assessment level at either the Board of Review or by filing a claim for excessive assessment under §74.37, Wis. Stats., in which case the base records are open and public.

CHAPTER 2

CHAPTER 2

THE GOVERNING BODY

                        2.01     The Town Board
                        2.02     Meetings
                        2.03     Order of Business
                        2.04     Presiding Officer
                        2.05     Quorum
                        2.06     Ordinances, Resolutions and Committee Reports
                        2.07     Conduct of Deliberations
                        2.08     Appropriations and Accounts
                        2.09     Reconsideration of Question
                        2.10     Publication and Effect of Ordinances
                        2.11     Amendment of Rules
                        2.12     Suspension of Rules

1. Communications.

  (8)  Claims.

CHAPTER 3

FINANCE AND TAXATION

3.01 Preparation of Tax Roll and Tax Receipts
3.02 Fiscal Year
3.03 Budget
3.04 Changes in Budget
3.05 Town Funds to be Spent in Accordance With Appropriations
3.06 Claims Procedure
3.07 Public Records
3.08 Temporary Investment of Funds Not Immediately Needed
3.09 Duplicate Treasurer's Bond
3.10 Fire Protection Charges

FINANCE AND TAXATION 3.01

3.01 PREPARATION OF TAX ROLL AND TAX RECEIPTS. (1) TAX ROLL. Under §70.65(2), Wis. Stats., the Clerk shall insert only the aggregate amount of State, county, local, school and other general property taxes minus credits applied under §79.10 (9), Wis. Stats., except credits determined under §79.10 (7m), Wis. Stats., shall be carried in a single column opposite the name of the person against whom the tax Is levied. Each tax bill or receipt shall show the purpose for which the taxes are to be used, giving the breakdown for State, county, local, school and other general property taxes. The tax roll shall indicate all corrections made under §§70.43 and 70.44, Wis. Stats.

(2) TAX RECEIPTS. Under §74.08(l), Wis. Stats., the Treasurer shall enter in each receipt given by the county clerk for the payment of taxes the name of the person paying the taxes if that person is not the owner of the property taxed, the date of payment and the aggregate amount of taxes paid.

3.02 FISCAL YEAR. The calendar year shall be the fiscal year.

3.03 BUDGET. (1) PREPARATION OF PROPOSED BUDGET. (a) Town Board to Prepare. The Town Board with the assistance of the Clerk shall annually prepare a proposed budget presenting a financial plan for conducting the affairs of the Town for the coming fiscal year.

(b) Information Required. The budget shall include the following information:

1. The expense of conducting each department and activity of the Town for the coming fiscal year and corresponding items for the current year and last preceding fiscal year, with reasons for increase and decrease recommended as compared with appropriations for the current year.

2. An itemization of all anticipated income of the Town from sources other than general property taxes and bonds issued, with a statement comparing the amounts received by the Town from each of the same or similar sources for the last preceding and current fiscal year.

3. An itemization of the amount of money to be raised from general property taxes which, with income from other sources, will be necessary to meet the proposed expenditures.

FINANCE AND TAXATION 3.03(l)(b)4.

4. Such other information as may be required by the Board and by State law.

(c) Copies Required. The Town shall provide a reasonable number of copies of the budget thus prepared for distribution to citizens.

(2) HEARING. The Board shall hold a public hearing on the budget as required by law.

(3) ACTION BY BOARD. Following the public hearing, the proposed budget may be changed or amended and shall take the same course in the Board as ordinances.

3.04 CHANGES IN BUDGET. (1) The amount of the tax to be levied or certified, the amounts of the various appropriations and the purposes thereof, shall not be changed after approval of the budget except by a 2/3 vote of all the members of the Town Board. Notice of such change shall be given by publication within 15 days thereafter in a newspaper determined from time to time by the Town Board as one likely to give notice in the area.

(2) After the budget is adopted, the electors of the Town at a regular or special meeting shall set the tax rate of the Town as provided in §60.10(1)(a), Wis. Stats., except if such authority has been delegated to the Town Board as provided in §60.10(2)(a), Wis. Stats.

3.05 TOWN FUNDS TO BE SPENT IN ACCORDANCE WITH APPRO-PRIATIONS. No money shall be drawn from the Town treasury nor shall any obligation for the expenditure of money be .incurred, except in pursuance of the annual appropriation in the adopted budget or when changed as authorized by §3.04. At the close of each fiscal year, any unencumbered balance of an appropriation shall revert to the general fund and shall be subject to reappropriation, but appropriations may be made by the Board to be paid out of the income of the current year for improvements or other objects or works which will not be completed within such year and any such appropriation shall continue in force until the purpose for which it was made has been accomplished or abandoned.

3.06 CLAIMS PROCEDURE. (1) Claims for money against the Town or against officers, officials, agents or employees of the Town arising out of acts done in their official capacity shall be filed with the Town Clerk as provided under §893.80 (1)(b), Wis. Stats.

FINANCE AND TAXATION 3.06(2)

(2) The Town Board shall allow or disallow the claim. Notice of disallowance shall be made as provided under §893.80(l)(b), Wis. Stats.

3.07 PUBLIC RECORDS. (1) DEFINITIONS. (a) Authority. Any of the following Town entities having custody of a Town record: an office, elected or appointed official, agency, board, commission, committee, town board, department or public body corporate and politic created by constitution, law, ordinance, rule or order; or a formally constituted sub-unit of the foregoing.

(b) Custodian. That officer, department head, division head or employee of the Town designated under sub. (3) or otherwise responsible by law to keep and preserve any Town records or file, deposit or keep such records in his office or who is lawfully in possession or entitled to possession of such public records and is required by this section to respond to requests for access to such records.

(c) Record. Any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority. Record includes, but is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes) and computer printouts. Record does not include drafts, notes, preliminary computations and like materials prepared for the originator's personal use or prepared by the originator in the name of a person for whom the originator is working; materials which are purely the personal property of the custodian and have no relation to his office; materials to which access is limited by copyright, patent or bequest; and published materials in the possession of an authority other than a public library which are available for sale or which are available for inspection at a public library.

(2) DUTY TO MAINTAIN RECORDS. (a) Except as provided under sub. (7), each officer and employee of the Town shall safely keep and preserve all records received from his predecessor or other persons and required by law to be filed, deposited or kept in his office or which are in the lawful possession or control of the officer or employee or his deputies, or to the possession or control of which he or they may be lawfully entitled as such officers or employees.

FINANCE AND TAXATION 3.07(2)(b)

(b) Upon the expiration of an officer's term of office or an employee's term of employment or whenever the office or position of employment becomes vacant, each such officer or employee shall deliver to his successor all records then in his custody and the successor shall receipt therefor to the officer or employee who shall file such receipt with the Town Clerk. If a vacancy occurs before a successor is selected or qualifies, such records shall be delivered to and receipted for by the Clerk on behalf of the successor to be delivered to such successor upon the latter's receipt.

(3) LEGAL CUSTODIANS. (a) Each elected or appointed official is the legal custodian of his records and the records of his office, but the official may designate an employee of his staff to act as the legal custodian.

(b) Unless otherwise prohibited by law, the Town Clerk or the Clerk's designee shall act as legal custodian for the Town Board and for any committees, commissions, boards or other authorities created by ordinance or resolution of the Town Board and of the records of the Town Treasurer and law enforcement personnel.

(c) Each legal custodian shall name a person to act as legal custodian in his absence or the absence of his designee.

(d) The legal custodian shall have full legal power to render decisions and to carry out the duties of an authority under §19 Subch. II, Wis. Stats., and this section. The designation of a legal custodian does not affect the powers and duties of an authority under this section.

(4) PUBLIC ACCESS TO RECORDS. (a) Except as provided in section (6), any person has a right to inspect a record and to make or receive a copy of any record as provided in §19.35(1), Wis. Stats.

(b) Records will be available for inspection and copying upon at least 48 hours advance notice of intent to inspect or copy.

(c) A requester shall be permitted to use facilities comparable to those available to Town employees to inspect, copy or abstract a record.

FINANCE AND TAXATION 3.07(4)(d)

(d) The legal custodian may require supervision during inspection or may impose other reasonable restrictions on the manner of access to an original record if the record is irreplaceable or easily damaged.

(e) A requester shall be charged a fee to defray the cost of locating and copying records as follows:

1. The cost of photocopying shall be as is established from time to time by resolution of the Town Board. Such costs shall be calculated in a manner which does not exceed the actual, necessary and direct cost of reproduction, which costs shall include cost of paper, ink, depreciation, service contract charge and the like with respect to the copier machine used to produce the copies. (Am. 10/2/00)

2. If the form of a written record does not permit copying, the actual and necessary cost of photographing and photographic processing shall be charged.

3. The actual full cost of providing a copy of other records not in printed form on paper, such as films, computer printouts and audio tapes or videotapes, shall be charged.

4. If mailing or shipping is necessary, the actual cost thereof shall also be charged.

5. There shall be no charge for locating a record unless the actual cost therefor, exceeds such sum as is from time to time established by resolution of the Town Board, in which case the actual cost shall be determined by the legal custodian and billed to the requester. (Am. 10/2/00)

6. The legal custodian shall estimate the cost of all applicable fees and may require a cash deposit adequate to assure payment if such estimate exceeds such sum as is established from time to time by resolution of the Town Board. The cash deposit amount shall be in the amount of the total estimated cost. The requester shall be liable for any costs and fees in excess of such estimate. (Am. 10/2/00)

7. Elected and appointed officials of the Town shall not be required to pay for public records they may reasonably require for the proper performance of their official duties.

8. The legal custodian may provide copies of a record without charge or at a reduced charge where he determines that waiver or reduction of the fee is in the public interest.

FINANCE AND TAXATION 3.07(4)(f)

(f) Pursuant to §19.34, Wis. Stats., and the guidelines therein listed, each authority shall adopt, prominently display and make available for inspection and copying at its offices for the guidance of the public a notice containing a description of its organization and the established times and places at which, the legal custodian from whom and the methods whereby the public may obtain information and access to records in its custody, make requests for records or obtain copies of records and the costs thereof. Each authority shall also prominently display at his office for the guidance of the public a copy of this section.

(5) ACCESS PROCEDURES. (a) A request to inspect or copy a record shall be made to the legal custodian. A request shall be deemed sufficient if it reasonably describes the requested record or the information requested. However, a request for a record without a reasonable limitation as to subject matter or length of time represented by the record does not constitute a sufficient request. A request may be made orally, but a request must be in writing before an action to enforce the request is commenced under §19.37, Wis. Stats. Except as provided below, no request may be refused because the person making the request is unwilling to be identified or to state the purpose of the request. No request may be refused because the request is received by mail, unless prepayment of a fee is required under section (4)(e)6. A requester may be required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons or federal laws or regulations so require.

(b) Each custodian, upon request for any record shall as soon as practicable and without delay either fill the request or notify the requester of the authority's determination to deny the request in whole or in part and the reasons therefor. If the legal custodian, after conferring with the Town Attorney, determines that a written request is so general as to be unduly time consuming, the party making the request may first be required to itemize his request in a manner which would permit reasonable compliance.

(c) A request for a record may be denied as provided in section (6). If a request is made orally, the request may be denied orally unless a demand for a written statement of the reasons denying the request is made by the requester within five (5) business days of the oral denial. If a written request is denied in whole or in part, the requester shall receive a written statement of the reasons for denying the request. Every written denial of a request shall inform the requester that if the request for the record was made in writing, then the determination is subject to review upon petition for a writ of mandamus under §19.37(1), Wis. Stats., or upon application to the Attorney General or a district attorney.

FINANCE AND TAXATION 3.07(6)

(6) LIMITATIONS ON RIGHT TO ACCESS. (a) As provided by §19.36, Wis. Stats. , the following records are exempt from inspection under this section:

1. Records specifically exempted from disclosure by State or federal law or authorized to be exempted from disclosure by State law.

2. Any record relating to investigative information obtained for law enforcement purposes if federal law or regulations require exemption from disclosure or if exemption from disclosure is a condition to receipt of aids by the State.

3. Computer programs, although the material used as input for a computer program or the material produced as a product of the computer program is subject to inspection.

4. A record or any portion of a record containing information qualifying as a common law trade secret.

(b) As provided by §43.30, Wis. Stats., public library circulation records are exempt from inspection under this section.

(c) In responding to a request for inspection or copying of a record which is not specifically exempt from disclosure, the legal custodian, after conferring with the Town Attorney, may deny the request in whole or in part only if he determines that the harm to the public interest resulting from disclosure would outweigh the public interest in full access to the requested record. Examples of matters for which disclosure may be refused include, but are not limited to, the following:

1. Records obtained under official pledges of confidentiality which were necessary and given in order to obtain the information contained in them.

2. Records of current deliberations after a quasijudicial hearing.

3. Records of current deliberations relating to the employment, dismissal, demotion, compensation, performance or discipline of any Town officer or employee or the investigation of charges against a Town officer or employee, unless such officer or employee consents to such disclosure.

FINANCE AND TAXATION 3.07(6)(c)4.

4. Records concerning current strategy for crime detection or prevention.

5. Records of current deliberations or negotiations on the purchase of Town property, investing of Town funds or other Town business whenever competitive or bargaining reasons require nondisclosure.

6. Financial, medical, social or personal histories or disciplinary data of specific persons which, if disclosed, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such history or data.

7. Communications between legal counsel for the Town and any officer, agent or employee of the Town, when advice is being rendered concerning strategy with respect to current litigation in which the Town or any of its officers, agents or employees is or is likely to become involved or communications which are privileged under §905.03, Wis. Stats.

(d) If a record contains information that may be made public and information that may not be made public, the custodian of the record shall provide the information that may be made public and delete the information that may not from the record before release. The custodian shall confer with the Town Attorney prior to releasing any such record and shall follow the guidance of the Town Attorney when separating out the exempt material. If, in the judgment of the custodian and the Town Attorney, there is no feasible way to separate the exempt material from the nonexempt without unreasonably jeopardizing nondisclosure of the exempt material, the entire record shall be withheld from disclosure.

(7) DESTRUCTION OF RECORDS. (a)  Financial Records.  The Town of River Falls Treasurer and Clerk, pursuant to §19.21(4) Wis. Stats., may destroy not less than seven (7) years following date of their receipt or issuance by the Town the following financial non-utility records of which they are the legal custodians and that are considered obsolete:

1. Bank statements, deposit books, slips and stubs;
2. Bonds and coupons after maturity;
3. Canceled checks, duplicates and check stubs;
4. License and permit applications, stubs and duplicates;
5. Official bonds;
6. Payrolls and other time and employment records of personnel included under the Wisconsin Retirement System;
7. Receipt forms;
8. Special assessment records;
9. Vouchers, requisitions, purchase orders and all other supporting documents pertaining thereto.

1. Other Records.  The Town of River Falls Chair, Treasurer and/or

Clerk, pursuant to §19.21(4), Wis. Stats., may destroy not less than seven (7) years following date of their receipt or issuance by the Town the following records of which they are the legal custodians and that are considered obsolete:

1. Assessment rolls and related records, including Board of Review minutes;
2. Contracts and papers relating thereto;
3. Correspondence and communications, including email communications;
4. Election notices;
5. Financial reports other than annual financial reports;
6. Insurance policies;
7. Oaths of Office;
8. Reports of Boards, commissions, committees and officials duplicated in the official council minutes;
9. Resolutions and petitions;
10. Voter registration cards;
11. Uniform traffic citations;
12. Village ordinance citations;
13. Other records of the Village not enumerated above.

(c)  Building Inspector Records.  The Building Inspector, pursuant to §19.21(5), Wis. Stats., may destroy the following records of which he/she is the legal custodian and are considered obsolete:  house plans, site plans, email communications, letters and other correspondence, and records pertaining to site inspections.  The Building Inspector shall not destroy any permits issued in connection with the building inspection process.  These records may not be destroyed less than seven (7) years following the date of their receipt by the Building Inspector.

(d)  Historical Society Notification.  Prior to the destruction of any public record described in Subsec. (a), (b) or (c) above at least sixty (60) days notice in writing shall be given the State Historical Society of Wisconsin.”

FINANCE AND TAXATION 3.07(7)(e)

(e) Any tape recordings of a governmental meeting of the Town may be destroyed, erased or reused no sooner than 90 days after the minutes of the meeting have been approved and published, if the purpose of the recording was to make minutes of the meeting.

(8) PRESERVATION THROUGH MICROFILM. Any Town officer or the director of any department or division of Town government may, subject to the approval of the Town Board, keep and preserve public records in his possession by means of microfilm or other photographic reproduction method or record stored in optical disk or electronic format. Such records shall meet the standards for photographic reproduction set forth in §16.61(7)(a) and (b), Wis. Stats., and shall be considered original records for all purposes. Such records shall be preserved along with other files of the department or division and shall be open to public inspection and copying according to the provisions of State law and of sections (4) through (6) of this Code.

(9) NOTICE OF PROCEDURE FOR INSPECTION OF TOWN RECORDS. The Town Clerk shall give public notice of the location and hours Town records are available.

3.08 TEMPORARY INVESTMENT OF FUNDS NOT IMMEDIATELY NEEDED. The Treasurer may invest any Town funds not immediately needed, pursuant to §66-04(2), Wis. Stats.

3.09 DUPLICATE TREASURER'S BOND. (1) ELIMINATED. The Town elects not to give the bond on the Treasurer provided for by §70.67(l), Wis. Stats.

(2) TOWN LIABLE FOR DEFAULT OF TREASURER. Pursuant to §70.67(2), Wis. Stats., the Town shall pay, if the Treasurer fails to do so, all State and county taxes required by law to be paid by the Treasurer to the county treasurer.

3.10 FIRE PROTECTION CHARGES. (Cr. #1989-2) (1) STATE AUTHORITY. Pursuant to §§60.55, 60.555 and 60.557, Wis. Stats., the Town hereby establishes the following policy and procedure for the payment of fire costs incurred by the Town.

(2) LIABILITY FOR FIRE PROTECTION COSTS. The property owners of real estate within the Town for which fire protection is provided shall be responsible for the costs of the fire calls made to their property as reflected by the current charge of the River Falls Fire Department as billed to the Town by the River Falls Rural Fire Association.

FINANCE AND TAXATION 3.10(3)

(3) LIABILITY FOR FIRE CALLS FROM FIRE DEPARTMENTS OTHER THAN RIVER FALLS FIRE DEPARTMENT. Any property owner requesting fire protection directly from any fire department other than listed in section (2) shall be responsible for the full costs billed to the Town from the fire call from any authorized fire department. This subsection shall not apply to the costs of any other department responding to the request of an authorized department under mutual aid.

(4) BILLING AND PAYMENT PROCEDURE. The cost of fire calls as outlined above shall be billed by the Town Treasurer to the property owner and paid to the Town Treasurer within sixty (60) days of the date of the bill. A written appeal must be made to the Town Board within thirty (30) days of receipt of bill. The failure to pay the bill within sixty (60) days will result in interest being charged at the rate of 1½% per month from the date of the bill. Those bills outstanding, including interest, for more than 90 days as of November 1 of any year shall become a lien against the real estate for which fire protection was provided and shall be placed on the tax roll as a delinquent special charge pursuant to §66.60, Wis. Stats.

CHAPTER 7

TRAFFIC CODE

7.01 General Provisions (Am. 2/5/01)
7.02 Snowmobiles
7.03 Official Traffic Signs and Signals
7.05 Penalty

TRAFFIC CODE 7.01

7.01 PARKING (Am. 2/5/02) (1) GENERAL PROVISIONS. No person shall stop or leave any vehicle standing upon any portion of a highway where and at the time when parking is prohibited, limited or restricted by an official traffic sign, except temporarily for the purpose of and while actually engaged in loading or unloading or in receiving or discharging passengers and while the vehicle is attended by a licensed operator so that it may promptly be moved in case of an emergency or to avoid obstruction of traffic.

(2) NO PARKING AREAS. No parking will be allowed on any portion of Town road which has been designated by the Town Board and marked with appropriate signs as a no parking area.

(3) EXCEPTION. In the event that a resident is hosting a gathering at his/her residence where many guests are expected he/she may request from any Town Board member written permits (at no cost) to allow parking in no parking areas.

(4) SNOW SEASON PARKING. No person shall park or leave standing any motor vehicle on any street, road or highway right-of-way in the Town from November 15th of any year through April 1st of the following year, except by permit of the Town Board.

(5) PENALTY. Except as otherwise provided any person found to be in violation of any provision of this Chapter shall be subject to a penalty as provided in §25.04 of this General Code. Further, any vehicle found in violation of this section shall be towed by the Town at the owner's expense. The cost of towing and impoundment charges shall be first paid before release of the vehicle to the owner. Any vehicle impounded which has not been lawfully claimed shall be disposed of in accordance with §342.40, Wis. Stats.

7.02 SNOWMOBILES. (1) STATE SNOWMOBILE LAWS ADOPTED. Except as otherwise specifically provided in this chapter, the statutory provisions describing and defining regulations with respect to snowmobiles in the following enumerated sections of the Wisconsin Statutes are hereby adopted by reference and made part of this section as if fully set forth herein. Acts required to be performed or prohibited by such statutes are required or prohibited by this section.

350.01 Definitions
350.02 Operation of Snowmobiles on or in Vicinity of Highway
350.03 Right-of-Way
350.04 Snowmobile Races, Derbies and Routes
350.045 Public Utility Exemption
350.047 Local Ordinance to be Filed
350.05 Operation by Youthful Operators Established
TRAFFIC CODE 7.02(2)

350.055 Safety Certification Program Established
350.06 Firearms and Bows
350.07 Driving Animals
350.08 Owner Permitting Operation
350.09 Head Lamps, Tail Lamps and Brakes
350.10 Miscellaneous Provisions for Snowmobile Operation
350.12 Registration of Snowmobiles
350.13 Uniform Trail Signs and Standards
350.15 Accidents and Accident Reports
350.17 Enforcement
350.18 Local Ordinances
350.19 Liability of Landowners

(2) APPLICABILITY OF RULES OF THE ROAD TO SNOWMOBILES. The operator of a snowmobile upon a roadway shall, in addition to the provisions of Ch. 350, be subject to §§346.04, 346.06, 346.11, 346.14(l), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50(l)(b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92(l) and 346.94(l), (6), (6m) and (9), Wis. Stats.

TRAFFIC CODE 7.02(3)

(3) PERMITTING OPERATION BY IMPROPER PERSONS PROHIBITED. No owner or person having charge or control of a snowmobile shall authorize or permit any person to operate such snowmobile who is not permitted under State law to operate such snowmobile or who is under the influence of an intoxicant or a dangerous or narcotic drug.

(4) OPERATION WHILE UNDER INFLUENCE PROHIBITED. Sec. 346.63, Wis. Stats., shall apply to the operation of a snowmobile anywhere within the Town.

(5) WRITTEN CONSENT OF OWNER REQUIRED. The consent required under §350.10(6), (11), (12) and (13), Wis. Stats., shall be written consent, dated and limited to the year in which the consent is given. If the property is owned or leased by more than one person, the consent of each shall be obtained.

7.03 OFFICIAL TRAFFIC SIGNS AND SIGNALS. (1) TOWN BOARD RESPONSIBLE. The Town Board shall procure, erect and maintain appropriate standard traffic signs, signals and markings conforming to the rules of the State Department of Transportation giving notice of the provisions of this chapter as required by State law. Signs shall be erected in such locations and in such manner as the Town Board determines will best effect the purposes of this chapter and give adequate warning to users of the streets and highways.

(2) REMOVAL OF UNOFFICIAL SIGNS AND SIGNALS. The Town Board shall have the authority granted by §349.09, Wis. Stats., and shall order the removal of a sign, signal, marking or device placed, maintained or displayed in violation of this chapter or §346.41, Wis. Stats. Any charge imposed on any premises for removal of an illegal sign, signal or device shall be reported to the Town Board at its next regular meeting for review and certification.

7.05 PENALTY. Except as otherwise provided, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in §25.04 of this General Code.

CHAPTER 8

CHAPTER 8

PUBLIC WORKS
(Am. 10/4/04; 6/6/05)

            8.01                 Definitions
            8.02                 Private Driveways
            8.03                 Private Roads
            8.04                 Public Roads (Road Construction Standards)
            8.05                 Utility Accommodation (Cr. 6/5/00) (Interpretation & Purposes)
            8.06                 Access to Town Roads from Adjoining Cities or Towns
8.10                 Penalty  

PUBLIC WORKS 8.01

PRIVATE LINES. Facilities which convey or transmit commodities as defined by utility (see “Utility Lines”), but are owned and operated by an individual(s) or non-utility business.

PRIVATE ROAD. An access that provides ingress or egress to a public road serving two (2) but no more than five (5) private residences. If more than five (5) dwellings are proposed using one common access road, Town Road Standards (§8.04) must be followed.

PUBLIC ROAD. (Am. 6/6/05) A road serving more than five (5) residences that shall conform to standards established in §8.04 and all those roads, established prior to July 1, 2002 that qualify for State Highway Aids.

            REMODELED OR ALTERED.Only changes made to a building which increase          the value of such building by more than one third.

            RESPONSIBLE PERSON. A person having control over a utility project that is not administered by the town.

RIGHT-OF-WAY. A general term denoting acquired interests or rights in land (either all or partial) that are necessary to build, maintain, and operate a highway facility.  It is not just a fee interest or a permanent highway interest but encompasses all necessary rights of both a permanent and temporary nature.

            SURFACE.  The top of the roadway, or traveled surface.

TOWN. Town of River Falls.

TRAVELED WAY. The portion of the roadway for the movement of vehicles which includes auxiliary lanes land ramps but excludes the shoulders. The traveled way usually lies between the edge line striping.
           
UTILITY. Any corporation, company, individual or association, including their lessees, trustees, assigns, or receivers, or any sanitary district, cooperative association, town, village or city that owns, operates, manages or controls any plant for fixed equipment within Pierce County for a transmission of communications or the conveyance, production, storage, transmission, sale, delivery or furnishing of electrical power, light, heat, fuel, gas, oil, petroleum products, water, steam, fluids, sewerage, drainage, irrigation, or similar facilities.  This definition also includes the owners or operators of cable television systems, publicly owned fire or police signal systems, traffic and street lighting facilities or privately owned facilities which perform any of the utility functions above.

 PUBLIC WORKS 8.01

UTILITY OPERATION. Any activity by a utility to assure the function of an existing utility for its intended purpose.
 
8.02  REGULATING PRIVATE DRIVEWAYS. (Am. 5/16/88) (1) PERMIT REQUIRED.  No access road or driveway providing ingress or egress to a Town road shall be hereafter constructed, altered or removed without first obtaining a permit from the Town driveway permit issuer.

            (2)  MINIMUM STANDARDS FOR CONSTRUCTION.  Prior to the granting of the permit, the applicant shall submit plans for construction which satisfy the following minimum standards:

            (a)  Design. 1. The access road shall be so designed as to avoid an unreasonable interference with the natural flow of water.  The first 20 feet of the access road from the edge of the highway shall be near level but slightly lower than the highway in order to assure that water from the access road does not run on to the traveled portion of the highway.  Flooding of the surface of the Town road in any manner shall create a presumption of unreasonable interference.

            2.  (Cr. 7/17/95)(Am. 9/3/96) Access roads shall have a minimum of 5” of crushed rock and shall be placed no closer than 10’ from the lot line, as measured from the lot line to the nearest edge of the ditch or of the shoulder, whichever is nearest.

            3.  Access road slope shall be no greater that 10% unless documentation is obtained from design engineers or the fire department and ambulance service, stating that the slope will not affect public or private safety in providing emergency services.

            (b)  Intersection.  The access road shall intersect with the Town road at right angle.

            (c)  Culvert. (Am. #1992-2) Culvert must be adequate for drainage.  Any culvert shall be installed at the same grade as preexists such installation and have a minimum diameter of 12”.

            (d)  Side-to -Side Clearance.  (Am. #1992-1)  All access roads shall have a minimum side-to-side width clearance of 20 feet, a minimum road base width of 16 feet and a minimum driving surface width of 12 feet.  Such roads shall be constructed so as to sustain a minimum weight load of 25 tons.

            (e)  Driveway Access.  Driveway access shall be at least 100 feet from any intersection.

PUBLIC WORKS 8.02 (2)(f)

            (f)  Subdivision Access.  (Am. #1992-2) With regard to access roads providing ingress or egress from a Town road to a subdivision, speed limit being posted at 35 mph or less (both subdivision and Town road), the access road shall be located so as to provide a sight distance of 250 feet in any direction along the Town road being intersected, not
veering from road surface.  Sight distance is computed with observer at height of 3.75 feet and object seen at height of 6 inches.  For purpose of this section, the word “subdivision” shall be given the meaning set forth in §235.02(8), Wis. Stats.  In all other cases, the access road shall be located so as to provide a sight distance of 350’ in any direction along the Town road being intersected, not veering from road surface.  Sight distance in those cases shall be computed with observer at a height of 3.75 feet and object seen at height of 6 inches.

            (g)  Access Roads and Driveways Over Bridges and Culverts.  (Cr. #1992-1)  1.  25-year Flood Requirements.  Access roads and driveways over bridges or culverts must be constructed, erected and maintained as specified by the Town permit issuer. The permit issuer may require, depending on areas to be drained or site conditions, that the bridge, culvert, or access road comply with engineering specifications sufficient to sustain and carry a weight load of not less than 25 tons and must have the ability to withstand water from a 25-year flood.  Pierce County Highway Department and U.S. ASCS Standards shall govern in determining if the “25-year flood” requirement has been complied with.  Bridges, as well as culverts with a diameter greater than 30”, shall be inspected every 5 years, beginning on that date 5 years from the date of the initial grant or permit, and in addition shall be inspected after any 25-year flood, for the purpose of insuring compliance with this section.  Any such inspection shall be initiated by the Town, by inspector retained by the Town, and the cost thereof shall be assessed against the owner.  If the cost of such inspection be not paid by the owner then it shall be added as a special charge against the premises on the tax roll.

            2.  Agreement.  The owner of any premises to be served by an access road or driveway traversing a bridge or culvert, over 30 inches or more, must execute an agreement with the Town, in form suitable for recording in the office of the Register of Deeds, containing the following: the owners must agree for themselves, their heirs and assigns, to be responsible for maintenance of the bridge and/or culvert in accordance with this subsection; and, in the event they fail to so maintain said bridge and/or culvert then the Town may fix, repair or maintain same, and add the changes thereof as a special lien on the tax roll against the property for which the building (driveway) permit was issued under §66.60(16), Wis. Stats., the applicant specifically waiving notice of any hearing or proceeding regarding the fixing of the assessment; provided, however, the Town shall first give the applicant a 30-day notice directing the applicant to fix and repair said bridge and/or culvert prior to the Town undertaking said repairs.  Where more than one owner of property is served by the subject bridge and/or culvert the charges assessed hereunder shall be assessed proportionally among the owners in an amount equal to the fractional
                                      
 PUBLIC WORKS   8.02(2)(g)(2)

share of the cost thereof, the said fraction to have a numerator of one and a denominator equal to the total number of owners of properties (serviced by permits issued under this section) having access to their premises by way of the subject driveway.

            (h) 1. Dead-ends. (Cr. #1992-1; Rn. 7/17/95) Access roads and driveways in excess of 300 feet in length, and which terminate in a dead-end, shall have a 13½ foot height clearance and terminate at a turn around with either a minimum 90’ diameter or sufficient area and design to enable the turn around of a tandem axle truck.  In calculating driveway length hereunder there shall be counted the length of the new or altered driveway, together with any other access road or driveway it connects or intersects en route to the Town road or other public highway.

            2.  (Cr. 7/17/95) Measurements to determine compliance with this subsection shall be taken as shown in “Exhibit A” set forth at the end of this Chapter.

            (i)  Improvements. (Cr. #1992-1) Improvements required under this section must be completed before commencement of work of improvement or construction of any building.

            (j)  Variances. (Rn. #1992-1) Variances for a good cause may be granted as to the above standards.  Application for such variances shall be made to the Town Board through the Town Clerk.

            (k) Crop Land. (Am. 8/20/01; Cr. #1994-6; Rn. MCC ’94) Access roads and driveways shall not be placed on crop land classified 1, 2, or 3, as defined in §17.065(3)(b) except upon special permit granted by the Town Board. When issuing such permits, the Town Board may impose such restrictions as it deems appropriate to preserve the integrity of agricultural lands and soil types 1, 2, or 3.  The Board may require location of any permitted residential access road or driveway along field ravines and fence lines, and allow a driveway along a property line if the approved Certified Survey Map was recorded in the office of the Pierce County Register of Deeds prior to May 2, 1994.

            (l)  Agricultural Field Access. (Cr. 7/17/95) A field road may be built without a permit providing the road does not lead to a building or building site and it is in compliance with subsection (a) above.  If a building is later proposed, a driveway permit must be obtained, and the driveway reconstructed to comply with Town code.

            (m)  Erosion Control.  The owner shall comply with all erosion control requirements of the Code of General Ordinances.

PUBLIC WORKS 8.02(3)

(3)  APPLICANT TO PAY ALL EXPENSES.  All expenses of construction, reconstruction, alteration or removal of any access road and all expenses of repair or redesign  of the Town road necessarily caused by any access road shall be the liability of the applicant.

(4)  BOND.  The Town Board may, in its discretion, require the applicant to furnish the Town an indemnification bond in an amount equal to the reasonable expenses
contemplated by the Town by the reason of the issuance of the permit.  The sufficiency of the indemnification bond shall satisfy the sole discretion of the Town Board.

(5)  APPLICATION.  (a)  Driveway Access.  All buildings hereafter erected or moved into the Town, and any other new buildings as defined in §14.03(1)(a) of this Code, shall have uninterrupted driveway access to said building from a public road, which driveway or access road shall meet the requirements of this section.  The driveway may connect with other private connecting driveways or access roads prior to connection with the public road, but the other private connecting driveways must also comply with this section.

            (b)  Altered Roads.  This section shall apply to all new driveways and access roads, and all driveways and access roads hereafter altered, which are intended to serve a building.  Alteration of a driveway or access road includes the laying or replacement of culverts or bridges, and the widening and lengthening of the driveway.  Where a building is erected or altered, or a new building created, served by an existing driveway, said driveway shall comply, or be so altered so as to comply, with this section.

            (c)  Variance.  Where, because of practical necessity or impossibility, it appears the owner of an existing access road or driveway cannot improve his road to meet the conditions of this section, and where this section would require such improvements because of alterations to a building increasing its value by  more than one third, the Town Board may in its discretion grant a variance to allow the alterations and/or improvements to the building with such modifications or improvements to the existing driveway or access road, culverts or bridges as the Town Board may direct.

8.03  PRIVATE ROAD ACCESS STANDARDS. (1) PURPOSE. It is in the public interest to preserve land by avoiding the needless proliferation of driveways and numerous public accesses to highways.

(2)  APPLICATION.  (a)  Private Road Access. All buildings hereafter erected or moved into the Town, and any other new buildings as defined in §14.03(1)(a) of this Code, shall have uninterrupted access to said buildings from a public road, which access road  shall meet the requirements of this Section. The driveway may connect with other

                                               
PUBLIC WORKS 8.03(2)(a)

private connecting driveways or access roads prior to connection with the public road. The other private connecting driveways need not comply with this Section.

(3)  REQUIREMENTS. Prior to the granting of a permit for a private road the applicant shall submit plans for construction of such, which satisfy the following minimum standards:

•      (a)  Design. 1. The access road shall be so designed as to avoid  any unreasonable interference with natural flow of water. The first 20 feet of the access road from the edge of the highway shall be near level, but slightly lower than the highway in order to assure that water from the access road does not run onto the traveled portion of the highway. Flooding of the surface of the Town road in any manner shall create a presumption of unreasonable interference.
•     
• Access roads shall have a minimum of six (6) inches of pea gravel or breaker rock covered with six (6) inches of crushed rock surface.
•      
• Access roads shall be no closer than ten (10) feet from the lot line.
•     
• Access road slope shall be no greater than ten (10) percent.

             5.  Access roads shall intersect with Town roads at right angles.

•  
•      6. Culverts must be adequate for drainage. Any culvert shall be installed at the same grade as preexists and have a minimum diameter of twelve (12) inches.
•  
•       7.   Side to side clearance of all access roads shall be 22 feet with a minimum travel surface of 18 feet with two (2) foot shoulders each side of the road.
•  
•          8.  Access roads shall be constructed so as to sustain a minimum weight load of 25 tons.
•  
• Access roads shall be a least 100 feet from any intersection.

• Access roads shall have a minimum of 250 feet curve radius.

• Access road layout and road signage shall promote public safety.

              12.  Access roads shall be located so as to provide a sight distance of 250 feet in any direction along the Town road being intersected if the posted speed limit is 35 mph or less not veering from road surface. Sight distance is computed with observer at a height of 3.75 feet and object seen at a height of six (6) inches. In all other cases, the access road shall be located so as to provide a sight distance of 350 feet in any direction along the
PUBLIC WORKS   8.03(3)(a)(12)

Town road being intersected, not veering from road surface. Sight distance in those cases shall be computed with observer at a height of 3.75 feet and object seen at height of six (6) inches.

              13.  Access roads in excess of 300 feet in length and which terminate in a dead-end shall have a 13½ foot height clearance and terminate at a turn-a-round with either a minimum 90 foot diameter or sufficient area and design to enable the turn around of a
tandem axle truck. In calculating road length hereunder there shall be counted the length of the new and altered road together with any other access road or driveway it connects or intersects in route to Town road or other public highway. Measurements to determine compliance with this subsection shall be taken as shown in “Exhibit C” set forth at the end of this Chapter.

              14.  Any improvements required under this section shall be completed before commencement of work on improvement or construction of any building.

              15.  Access roads shall not be placed on crop land classified 1, 2, or 3 as defined in §17.065(2)(b) except upon special permit granted by the Town Board. When issuing such permits the Town Board may impose such restrictions as it deems appropriate to preserve the integrity of agricultural lands and soil types 1, 2, or 3. The Board may require location of any permitted residential access road along field ravines and fence lines.

              16.  Access roads shall comply with all erosion control requirements as stated in §17.12 of this Code.

              17.  Remodeled or altered buildings, increasing the value of such building by more than one third, shall require improvement to the driveway, from the building to the private road, to meet private road standards prior to the issuance of a building permit.

              18.  The permit issuer will inspect the proposed site to insure that all regulations can be satisfied. A fee will be charged each time the inspector is asked to view the site. The amount of the fee will be set by the Town board form time to time. Permit application forms must be filled out by the permit issuer and signed by the applicant.

              19.  Bridge and Culverts. Access roads over bridges or culverts must be so constructed, erected and maintained as to comply with engineering specifications sufficient to sustain and carry a weight load of not less than 25 tons and must have the ability to withstand water from a 25 year flood. Pierce County Highway Department and the US ASCS standards shall govern in determining whether there is compliance with the 25 year flood requirement. Such engineering specifications shall be reviewed by the Town Engineer with cost thereof to be paid by the applicant. Bridges, as well as culverts with a diameter greater that 30 inches, shall be inspected every five (5) years, beginning
                                               
PUBLIC WORKS   8.03(3)(a)(19)

five (5) years from date of the initial grant or permit. In addition they shall be inspected after any 25 year flood, for the purpose of insuring compliance with this section. Any such inspection shall be initiated by the Town by an inspector retained by the Town and the cost thereof shall be assessed against the owner. If the cost of such inspection is not paid by the owner then it shall be added as a special charge against the premises on the tax roll.

               (4)  AGREEMENTS.  (a)  The owner of any premises to be served by an access road or driveway traversing a bridge or culvert, over 30 inches in size, must execute an agreement with the Town, in form suitable for recording in the office of the Register of Deeds, containing the following: the owners must agree for themselves, their heirs and assigns, to be responsible for maintenance of the bridge and/or culvert in accordance with this subsection; and, in the event they fail to so maintain said bridge and/or culvert then the Town may fix, repair or maintain same, and add the changes thereof as a special lien on the tax roll against the property for which the building (driveway) permit was issued under §66.60(16), Wis. Stats., the applicant specifically waiving notice of any hearing or proceeding regarding the fixing of the assessment; provided, however, the Town shall first give the applicant a 30-day notice directing the applicant to fix and repair said bridge and/or culvert prior to the Town undertaking said repairs.  Where more than one owner of property is served by the subject bridge and/or culvert the charges assessed hereunder shall be assessed proportionally among the owners in an amount equal to the fractional share of the cost thereof, the said fraction to have a numerator of one and a denominator equal to the total number of owners of properties (serviced by permits issued under this section) having access to their premises by way of the subject driveway.

 (b) All newly established private roads will require a maintenance agreement, signed by all parties using such road, to be recorded  with the Pierce County Register of Deed’s Office. A copy of such agreement shall be filed with the Town clerk.

             (5)  VARIANCE.  Where, because of practical necessity or impossibility, it appears the owner of an existing access road cannot improve his road to meet the conditions of this section, and where this section would require such improvements because of alterations to a building increasing its value by  more than one third, the Town Board may in its discretion grant a variance to allow the alterations and/or improvements to the building with such modifications or improvements to the existing driveway or access road, culverts or bridges as the Town Board may direct.

            8.04  ROAD CONSTRUCTION STANDARDS.  (1) (Am. & Rn. 7/17/95) PURPOSE.  It is in the public interest to establish minimum highway design standards for highways being constructed in the Town to accommodate anticipated traffic and afford satisfactory access to police, fire fighting, ambulance, snow removal, sanitation, and road maintenance equipment.
PUBLIC WORKS   8.04(2)
           
             (2)  MINIMUM ROAD DESIGN STANDARDS.  All Town highways shall be classified as local roads unless designated by the Town Board as collector or arterial.  The classification of all roads under this ordinance shall be determined by the Town Board based upon anticipated traffic and relation of the highway to traffic patterns within the Town and other highway systems.  Local roads are those with the lowest traffic count, with access to private property as their principal function.  Collector highways are those intended to act as collectors from local roads to higher priority roads or developed areas.
Arterials are intended to serve as corridors through the Town serving inter-regional and inter-area traffic movement.

            (3)  ROAD WIDTH.  All roads, whether local, collector, arterial or in a subdivision shall have a right-of-way of 66’.  They shall be graded in such a manner not to exceed 6% unless necessitated by exceptional topography and approved by the Town Board.

            (4)   SURFACE.  Road base shall have a minimum of 10” of pea gravel (or breaker rock) covered with 7½” of crushed rock to a width of 26’ and road surface covered with 2” of compacted blacktop to a width of 22’.  If road terrain prevents a 26’ overall width, then a 20’ width of blacktop may be allowed if approved by the Town Board.  A 20’ width of blacktop may be allowed if the speed limit is less than 35 mph because of a dead end road or because of curves, bridges, or culverts, and if approved by the Town Board.

 (5)   CENTER LINE.  Minimum radii or curvature on the center line of 300’.

            (6)  VISIBILITY.  Clear visibility measured along the center line, shall be provided for at least 300’.

            (7)  CUL-DE-SACS.  Cul-de-sacs or dead end streets designed with one end closed shall not exceed 500’ in length and shall provide a turnaround having a minimum radius to the outside curb of 70’.  See “Exhibit B” at the end of this Chapter.

            (8)  DRAINAGE.  Roads shall have adequate facilities to provide surface water drainage, as deemed necessary by the Town Board.

            (9)  DITCHING AND CULVERTS.  The ditching of the roadway must be complete and have proper elevation to provide for adequate drainage.  Any culverts necessary for proper drainage shall be installed after elevation and location is obtained from the Town Board.  The minimum length of any culvert installed in a road bed shall be at least 2’ greater than the base course width.  Apron end walls shall be used.  The diameter and length will be subject to the approval of the Town Board, after the amount of the flowage is determined.  In no case shall a culvert be less than 18” in diameter.

PUBLIC WORKS   8.04(10)                         
            (10)  EROSION CONTROL.  Erosion control is the responsibility of the land developer.

            (11)   NEW ROADS.  New roads when intersecting with existing highways shall do so at a right angle (90°).  Roads that are to be taken over by the Town must be allowed to settle for one full year after the base and crushed rock have been applied.  Enough funds to complete the road, by blacktopping, must be set aside in an escrow account.  Any
shouldering after blacktop is applied shall be at the expense of the land developer, along with signs, barriers, culverts, bridges, and the like.

            (12) AUTHORITY FOR HIGHER STANDARDS.  The road design standards stated above are intended to be minimum design standards.  The Town Board shall have the discretion to impose higher design standards wherein the opinion of the Town Board local condition or anticipated traffic in quantity or quality will require higher standards.

            (13) APPLICATION FOR DETERMINATION OF APPLICABLE STANDARDS.  Any person may apply to the Town Board to determine what design standards should apply in a particular location, giving the description of the proposed highway and design standards.  No person shall commence construction of any highway anticipated to be made a town road without first having written Town Board approval of the proposed highway design.

(14)  FINAL INSPECTION AND ACCEPTANCE BY THE TOWN BOARD.  Upon completion of the proposed highway the Town Board will proceed to make a final inspection, accepting or rejecting the highway in its discretion.  If the highway is rejected, then corrections must be made as stated by the Town Board before final inspection will be made again.  If final acceptance is made by the Town Board, the owner or owners will convey the road to the Town by warranty deed free and clear of any liens or encumbrances.

            (15)  AGRICULTURAL LANDS.  (Am. 8/20/01; Cr. #1994-6) No residential access road or driveway shall be installed across crop lands classified 1, 2, or 3 as defined in §17.065(3)(b) of this General Code, except upon receipt of a special permit from the Town Board under §8.02(2)(k).

            8.05  INTERPRETATION AND PURPOSES. (Cr. 6/5/00)  (1) OVERVIEW OF UTILITY ACCOMMODATION. The Town constructs, operates, and maintains the Town Highway System.  Utility companies provide service to individual users. Both the town and utility companies typically provide facilities that consider future as well as present needs. Cooperation between these two entities is essential if the public is to be served at the lowest costs consistent with the respective public service needs, obligations, and interests.

PUBLIC WORKS   8.05(2)

            (2)   PRIMARY PURPOSE OF THE TOWN HIGHWAY SYSTEM. The primary purpose of the Town Highway System is to provide a safe and convenient means for the vehicular transportation of people and goods.  Any permitted use and occupancy of highway right-of-way for non-highway purposes is subordinate to the primary interests of the traveling public.

(3)   PURPOSE OF THE UTILITY ACCOMMODATION ORDINANCE. The purpose of this ordinance is to prescribe the policies and procedures that shall be met by any utility whose facility currently occupies, or will occupy in the future, any Town Highway or bridge over which the town has maintained jurisdiction.

• UTILITY ACCOMMODATION.  (a)  Permits. It is the policy of the Town to permit utility facilities on Town Highways when:

            1.  Such use and occupancy does not adversely affect the primary functions of the highways or materially impair their safety, operational, or visual qualities.

            2. There would be no conflict with the provisions of federal, state or local laws or regulations or the accommodation provisions stated herein.

             3. The occupancies would not significantly increase the difficulty or future cost of highway construction or maintenance.

                     (b)  Additions. Nothing in this policy shall be construed as limiting the rights of the town to impose restrictions or requirements in addition to and/or deviations from those stated herein in any permit where the town deems it advisable to do so.  An appropriate explanation for such action should be provided to the utility.

            (c)  Alterations. The permitted facilities shall, if necessary, be altered by the utility to facilitate alteration, improvement, safety control, or maintenance of the highway as may be ordered after permit approval.  All costs for constructing, maintaining, altering, and relocating the permitted facilities shall be the obligation of the applicant, unless a specific town-executed utility agreement otherwise provides. If the utility encounters a hardship which prevents installation in accordance with the terms of the permit, the utility may deviate from the terms of the permit as necessary to avoid the hardship, but in making such deviation does so at the risk of having to move the installation. Therefore the utility is urged to obtain pre-approval from the Town prior to taking action which deviates from the terms of the permit. The town has final determination as to the validity of the hardship.  If the town determines that the changes were made due to the installers preference, and not due to hardship, the utility will take action within 10 days to correct such alterations.  For clarification purposes: hardships are solid rock, uncrossable

                                                                       
PUBLIC WORKS   8.05(4)(c)

swamps, cemeteries, or similar circumstances that make construction physically or economically unfeasible.

(5)  GENERAL PROVISIONS.

(a)  Authority. The town regulates the use and occupancy of highways under Chapters 83, 86 and 182.017, Wis. Stats.

(b)   Design Responsibility. The utility shall be responsible for the design of the utility facility to be installed or adjusted within the right-of-way.  The Town shall be responsible for review of the utility’s proposal and for permit approval.

(c)   Buried Line Location Notification. Each applicant for a permit for work on a Town Highway shall provide a reliable line-locate notification service by either or both of
the following means: If the applicant has membership in a one-call utility notification service, the applicant shall enter the complete and current telephone number(s) for the service on the face of each permit application.  The applicant shall also provide written notification to the town upon or in advance of any subsequent changes in the one-call contact information, such as, cessation or membership, changes in the contact telephone number(s) , etc.

(d)   Utility Facility Condition Requirements. All utility facilities shall be kept in good state of repair both structurally and from the standpoint of appearance.

(6)  SPECIFIC PROVISIONS.  Chemical Treatment and Cutting of Trees. The utility shall be prohibited from chemical treatment or cutting of trees on highways without a permit from the Town.  The permit application shall provide the area intended to be sprayed, the schedule in which the work is to be completed, the chemical and application rate.  If a permit for chemical treatment is granted by the Town it is the responsibility of the utility to notify adjacent land owners. Cutting of trees in conjunction with activities listed as maintenance do not require a permit.

(7)   COMPLIANCE.  (a)  Authority.  All utilities required to abide by the provisions stated in this Chapter and  those specific provisions related to their individual-permits.

(b)  The provisions of this Chapter shall be enforced by the Town Board. In emergency circumstances the Town chairperson, or his designee, can approve deviations from the permit.

PUBLIC WORKS 8.05(8)

(8)  FAILURE TO COMPLY. 

(a)  Permit Revocation.  When a utility is in noncompliance with the provisions of their permit, the Town may revoke the utility’s permit.  The utility may reapply for a permit to the Town Board when they can demonstrate a good faith effort to comply.

(b)  Withholding Approval of Future Permits.  Continued violations by a utility of this Chapter and/or the provisions of their permits may cause the Town to withhold approval of permit applications for that utility until the violations are corrected to the satisfaction of the Town. The severity and number of written reprimands against a utility shall serve as a guide in determining future permit approval.
             
(9)   PERMIT REQUIREMENTS  (a)  Need for a Permit.  A utility shall obtain a permit from the Town before any use or occupancy of Town highways is allowed.

(10)   REQUIRED INFORMATION. 

(a)   Permit Application Forms.  1. One original, with attached copies, of the permit form shall be submitted per application to the Town Clerk via regular mail, courier service, or delivered in person.

2. The telephone number of the applicant shall be included on each permit form.

(b)   Permit Drawings.  Each permit application shall contain adequate drawings showing the existing and/or proposed location of all utility facilities within the right-of-way with respect to the existing highway or any planned highway improvement.  The details shall include dimensions from the proposed utility installation to the commonly accepted right-of-way line and to the edge of the traveled way.  For highway crossings, a cross-section detail showing depth of bury or overhead clearance is required along with the location of any bore pits (if needed). A distance reference from the crossing to the nearest public roadway intersection is also required. Measurements showing approximate distance from the proposed facility to side road intersection, county line, etc. shall be submitted with all permit drawings.

(c)  Installation Information.  The utility shall provide installation information:

1.  This information shall include, but is not limited to, a general description of the location, size, type, nature, and extent of the utility facilities to be installed or to be adjusted, and the impact on the utility's existing facilities to remain in place within the right-of-way.

2.  The Town may require the utility to provide a description of proposed construction procedures, special traffic control and protection measures, proposed access
PUBLIC WORKS 8.05(10)(c)(2)

points, coordination of activities with the highway contractor, and/or vegetation to be removed.

3.  When an attachment to a structure is proposed, additional information is required.  This information should include, but not be limited to, bridge number, weight of lines, hanger spacing, hanger details, and expansion/contraction details. (see Section (21) for additional requirements regarding structure attachments.

• The application may be obtained from the Town clerk. The Town Board shall give final approval.

 (e)  Fees. The Town Board shall from time to time set the amount of the following fees:

• The permit application and review fee, which shall accompany the application.
•  
• The inspection fee for each permit shall be due with the application. An inspection fee is not required for spraying and trimming permits.
•  
• The fee for open cuts across roadways, which shall be due at the time of application.

 (11)  CONSTRUCTION REOUIREMENTS.

(a)  Permit at Job Site.  When a permit is required, a complete copy of the permit shall be in possession of the utility work forces, or the contract forces under utility control, at all times when utility work is being performed within the right-of-way.

• Use of Temporary Guard Poles.  No guard pole shall be set within the right-of-way unless specifically authorized by the permit.  By definition, a guard pole is used to prevent aerial lines from falling onto the traveled way.  Any guard poles permitted in the clear zone shall comply with Location Requirements of this policy.
•  
• After Hours Equipment Storage. All machinery and equipment not in use shall be parked and/or stored in a manner which does not obstruct the traveled portion of the highway or the use thereof, and does not make hazardous the use of the traveled portion of the highway and its adjoining shoulder. All such equipment, when so stored, shall be marked with fluorescent warning signs on all sides.

(d)  Unexpected Field Conditions.  Any modification of the terms of the approved permit to meet changed or unexpected field conditions shall require prior approval from the Town.

PUBLIC WORKS   8.05(11)(e)

            (e)  Blasting.  Any blasting on the right-of-way is prohibited unless specifically authorized by the permit.

(f)  Vegetation.  1.  No tree or shrub shall be cut, trimmed, or damaged to facilitate the installation of a newly permitted facility unless specifically authorized by the permit.

2.  When the removal of a tree is permitted, the stump shall be removed and the hole properly backfilled except, however, upon specific written approval  of the Town the stump may be cut flush with the ground.

(g)  Survey Markers.  No U.S. government section corners may be disturbed without notifying the county surveyor's office.  Any private survey corners disturbed that are documentable by recorded survey will be restored by registered surveyor at the utility’s expense.

(12)  TRAFFIC CONTROL.  (a)  Authority.  1.  All utility work performed on Town highways shall abide by:

a.  The specific provisions within this section.

b.  The three traffic control diagrams as shown on the following pages, and

c.  The current Wisconsin Manual on Uniform Traffic Control Devices (MUTCD) and any supplements thereto.

2.  The standards set forth in the Wisconsin MUTCD are minimum guidelines, and additional traffic control shall be used when necessary.

(13)  CLEANUP AND RESTORATION.  (a)  Work Site Cleanup. 1.  All debris, refuse, and waste resulting from the utility's activates shall be removed from the site and motorists, view unless otherwise provided by the permit.  Burning of cuttings, brush, or other debris shall not be permitted within the limits of the right-of-way.

2.  All replaced poles shall be completely removed from the highway. No replaced pole shall be allowed to remain, in whole or       in part, and it shall not be sawed off.  The poles shall be properly backfilled and compacted.  All anchor rods shall be removed or cut off one foot below ground level.

(b)  Restoration of Highway. 1.  The utility shall be responsible for prompt restoration of the highway.

PUBLIC WORKS   8.05(13)(b)2                   

2.  Any curb, gutter, pavement, sidewalk, driveway, gravel base, ballast, shouldering material, or other element of the highway disturbed by the permitted works shall be restored in kind to the qualities, grades, compactions and conditions at least equal to those prevailing prior to the permitted work operations and in a manner satisfactory to the Town.

3.  Failure of the utility to make prompt and satisfactory restorations of the highway may be cause for the town to arrange for restoration by others at the utility’s expense.

4.  Any subsequent heavings, settlings, or other faultings attributable to the permitted works shall be repaired in a manner satisfactory to the Town at the utility's expense.

5.  Any turfed area of the highway disturbed by the permitted works and operations shall be restored with topsoil having a depth of not less than 4 (four) inches  and reseeded to perennial grass, or sodded to the satisfaction of the Town. The restoration
shall be performed within one week after completion of the facility installation.  Exceptions may be allowed (e.g. in the case of bad weather) with prior approval from the Town.

6.  If, in the opinion of the Town, the permitted works or facilities are found to obstruct highway drainage, unduly increase the difficulty of highway maintenance, or in any other manner adversely affect a highway interest, the utility shall, upon notice, cure the fault as directed and restore the highway facility to the satisfaction of the Town.

 (14)  MODIFICATION OF UTILITY’S PERMIT.  The Town reserves the right to modify the utility's permit application as necessary to protect the highway interests.  The modifications may be more restrictive than what was originally proposed.  The permit, as approved, shall embody the conditions to which the utility shall comply in order to use and/or occupy the right-of-way.

           
8.06 (1) (Cr. 1/16/06).   PURPOSE.  Local officials have a responsibility to preserve the investment in public roads by protecting them from damage caused by heavy vehicles or increased traffic loads.  They have this authority under State Statues.  Local officials must carefully balance the public good in protecting its roads against the legitimate needs for efficient transportation.  This ordinance takes these needs into consideration through a permitting process which protect the Town’s investment.

            (2) APPLICABILITY.  This ordinance shall apply to developers and to individuals desiring access to a Town road, where such access is from a development in an adjoining Town or City which consists of five (5) or more residences or a commercial business.

            (3) PRELIMINARY APPLICATION FOR A PERMIT. 
           
            (a) Application forms shall be provided by the Town Clerk to applicant.  The   Application shall include:

            (1) Name of applicant or developer including address and phone number.

            (2) The location of proposed access to the Town Road together with a scale map.

            (3) The names, locations and right of way widths of any existing roads or other public or private ways, easements, railroad or utility rights of way and any existing access control limitations.

            (4) The Location of existing property lines buildings, driveways, streams, other water courses, lakes, rivers, wetlands, etc.

            (5) The existing land use and its zoning designation.

            (6) A preliminary application fee shall be set by the Town Board from time to time and paid to the Town Clerk prior to the Town Engineer’s review.

            (b) Preliminary Engineer Review.

           
(1) After receiving the preliminary applications the Town engineer shall review the preliminary application and make recommendation as to the estimate of his/her costs to evaluate the effects of the granting of an access permit to an existing Town Road.  Such estimate of costs shall include only that portion which will affect the existing Town Road.

            (2) If such Town Road has been designated by the Town or State to be a Rustic Road such evaluation shall take into consideration State and Town criteria so as to maintain the designation and character of the Rustic Road.

            (3) The Town Engineer shall within thirty (30) days provide the applicant by mail with his estimate of cost of evaluating the access permit application.

            (4) The applicant shall notify the Town Board whether the applicant agrees to pay the projected costs as estimated by the Town Engineer.

            (5) The Board shall direct the Town Engineer to commence the evaluation after payment has been made to the Town Clerk to cover the estimated costs.  The applicant shall be responsible for the actual costs. 

            (4) GRANT OF ACCESS PERMIT

            (a) The Town Board upon receipt of the Town Engineer’s recommendations, to include protection of  the existing Town road, may grant such permit

            (b) The Applicant may seek a variance from the Board with respect to any of the Town Engineer recommendations by providing clear evidence that such work is unnecessary.  The Board shall have complete discretion whether to grant any such variance request.

            (c) The Applicant shall guarantee payment of all legal engineering and other costs incurred by the Town, and the Town attorney shall make recommendation concerning the adequacy, manner and method of the Guarantee.

            (d) In making its decision in granting the permit the Board shall consider all of the Town Engineer’s recommendations and any other improvements it deems necessary to protect the Town road and in so doing may impose such conditions upon the granting of the permit as it deems reasonable and necessary.

            (5) CONSTRUCTION AND MAINTENANCE GUARANTEE STANDARDS

            (a) Purpose.  A financial guarantee shall be provided by the applicant to ensure the proper construction, installation and maintenance of required road, utilities, storm-water management and erosion and sediment control measures, required landscaping and other improvements, and any removal of existing features and temporary erosion and sediment control and storm water management structures in the future.

            (b) Guarantees:
           
            (1) The owner or the developer or both shall be identified as the party responsible to provide a construction and maintenance guarantee.

            (2) The nature and duration of the guarantee shall be structured to achieve all installation and inspections required by the Town Board.

            (3) The Town may extend the time allowed for installation of the improvement for which its guarantee has been provided.

            (4) A construction and maintenance guarantee shall be required before the construction of any required improvements and as a condition of the permit of approval

            (a) The construction and maintenance guarantee shall be in an amount established by the Town Board and shall not be less than one hundred and twenty percent (120%) of the cost of installation of the improvements.                  

            (b) The construction and maintenance guarantee shall remain in force until substantial completion of all required improvements and until released by the Town Board.

            (c) A portion of the original construction and maintenance guarantee shall be retained by the Town Board upon completion of the required improvement for maintenance purposes.

            (1) The retained guarantee shall be held for a period not less than two (2) years following final acceptance or approval of the improvements by the Town Board.

            (2) The retained guarantee shall be in an amount not to exceed fifteen percent (15%) of the cost of the improvements.

            (b) Guarantee The Town Board, upon recommendation of its attorney, shall require the Guarantee be in the form of: 

            (1) A security bond from a bonding company authorized to do business in this State; or

            (2) An irrevocable letter of credit from a reputable bank or lending institution; or

            (3) Cash or an instrument readily convertible into cash; or
           
            (4) Any other similar form of Guarantee approved by the Town Board.

            (c) Release of Financial Guarantee
           
            (1) Upon substantial completion of all required improvements the responsible party shall notify the Town Engineer of the completion of the required improvements in writing by certified mail.

            (2) The Town Engineer shall then make a final inspection of the improvements and shall then authorize approval, partial approval or rejection of such improvements.

            (3) A statement of any reasons for any rejection and corrective action shall be provided in writing to the town board and the developer/owner.

            Section 2.  This ordinance shall take effect upon passage and publication/posting as required by law.

 
            8.10  PENALTY.  (1)  GENERAL.  Except as otherwise provided, any person found to be in violation of any prevision of this chapter shall be subject to a penalty as provided in §25.04 of this General Code.

            (2)  PRIVATE DRIVEWAYS. (Am. 10/2/00) Failure to comply with Chapter 8.02 shall subject the violator to a penalty as provided in Chapter 25.04 of this General Code.The Town Board shall further, in its discretion, commence injunction proceedings enjoining the use and continued existence of such access road and for any damages proximately caused by such access road, together with the reasonable costs incurred in obtaining the injunction and award of damages.

CHAPTER 9

PEACE AND ORDER

9.01 (Reserved)
9.02 (Reserved)
9.03 Sale and Discharge of Fireworks Restricted
9.04 Obstructing Streets and Sidewalks Prohibited
9.05 Loud and Unnecessary Noise prohibited
9.06 Gambling, Lotteries, Fraudulent Devices and Practice Prohibited
9.07 Loitering Prohibited
9.08 Destruction of Property Prohibited
9.09 Littering Prohibited
9.10 Harboring Certain Animals Prohibited
9.11 Open Cisterns, Wells, Basements, or Other Dangerous
Excavations Prohibited
9.12 Abandoned or Unattended Ice Boxes, etc., Prohibited
9.13 Open Container
9.14 Disorderly Conduct With a Motor Vehicle
9.15 Moving Buildings
9.16 Adult Entertainment in Licensed Establishments Prohibited
9.17 Penalties

PEACE AND ORDER 9.01

9.01 (Reserved)

9.02 (Reserved)

9.03 FIREWORKS PERMITS (Recreated 6/6/05)

(A) General. Every person, pursuant to Sec. 66.052 and 167.10, (1988-1989) Wis. Stats., and this Ordinance, in the Town of River Falls who sells, possesses or uses fireworks in the Town shall seek and obtain a fireworks permit from the Town, except if exempt under this ordinance. The permit fee shall be established by the Town Board of the Town from time to time by resolution. The permit shall be issued for the date established for the permitted use. The permit shall be issued by the Town Chairperson of the Town of River Falls and a copy of the issued permit shall be given to the River Falls Rural Fire Department Association, pursuant to Sec. 167.10(3)(g), Wis. Stats., at least two (2) days before the date of authorized use in the Town.

(B) No person shall use or explode fireworks on his/her premises or premises under his/her control, except as authorized by Sec. 167.10, Wis. Stats., or this Ordinance.

(C) Application/Permit. The application shall be made to the Town Chair of the Town of River Falls and the Town Chair shall issue or not issue the fireworks permit. The application shall include;

a. the name of the applicant;
b. the address of the applicant;
c. the residential and business telephone number of the applicant, if any;
d. the age of the applicant;
e. the date requested for purchase of fireworks and the date requested for the fireworks use;
f. the time and location for the required use;
g. the kind and quantities of fireworks and where purchased;
h. the classification of the applicant as noted in Sec. 167.10(3)(c), Wis. Stats;
i. the proposed location for the storage of the fireworks in the Town;
j. a description of the safety projections to be provided during the permitted use;
k. a description of the fire safety equipment to be installed and maintained during the permitted use;

PEACE AND ORDER 9.03 C(l)

l. a diagram of the ground demonstrating fireworks ignition area, public restraint area and area where the public will be located;
m. the type and amount of security and sanitation personnel to be provided and maintained for security and sanitary projects;
n. purpose of display, identifying group(s) involved;
o. a listing of any arrests and convictions for crimes listed in this ordinance.

(3) Exemptions. The permit requirement does not apply to:

A. The Town of River Falls, but the River Falls Rural Fire Association shall be notified of the proposed use of fireworks at least two (2) days in advance.
B. The possession of or use of explosives in accordance with rules or general orders of the State Department of Industry, Labor and Human Relations;
C. The disposal of hazardous substances in accordance with rules adopted by the State Department of Natural Resources;
D. The possession of or use of explosives or combustible materials in any manufacturing process.
E. The possession of or use of explosives or combustible materials in connection with classes conducted by educational institutions.
F. The possession of or use of explosives in possession of a license or permit under 18 USC 841 to 848 if the possession of the fireworks is authorized under the license or permit.

(4) Authorized Permittees. Only the following persons or entities may be issued a Fireworks Permit in the Town of River Falls;

A. A public authority
B. A fair association;
C. An amusement park;
D. A fair board;
E. A civic organization;
F. A group of resident or non-resident individuals;
G. An agricultural producer for the protection of crops from predatory birds or animals.

(5) Permit.

A. The person subject to this ordinance shall comply with Sec. 167.10, Wis. Stats., and this ordinance.

PEACE AND ORDER 9.03 5(B)

B. No person shall be issued or reissued a fireworks permit until the appropriate fee has been paid to the Town Clerk.
C. No person shall be issued or reissued a fireworks permit who has failed to properly and fully complete and submit to the Town Clerk the application form as developed and provided by the Town.
D. No person shall be issued or reissued a fireworks permit in the Town who has been charged and convicted of any crime involving the endangerment of the health, safety and welfare of any person or property, or who has violated this Ordinance.
E. No person shall be issued or reissued a fireworks permit in the Town if the applicant;

1. Fails to create or maintain adequate safety protections during the requested or permitted use when established by the Town as a condition of the permit;
2. Fails to install or maintain adequate fire safety equipment during the requested or permitted use when established by the Town as a permit condition;
3. Fails to provide or maintain adequate indemnity bond pursuant to Sec. 167.10(3)(e), (1988-1989) Wis. Stats., in the proper amount when established by the Town as a condition of the permit;
4. Fails to prevent open fires intentionally ignited at the permitted use location;
5. Fails to provide or maintain adequate security personnel as determined by the Town Chair at the requested or permitted use location;
6. Fails to provide or maintain adequate physical structures, equipment and operational control as determined by the Town Chair to prevent trespassing and littering and to prevent private nuisances on private and public land adjacent to the requested or permitted use location;
7. Fails to provide or maintain adequate sanitation personnel as determined by the Town Chair;
8. Fails to provide or maintain adequate sanitary facilities at the requested or permitted use location;
9. Fails to provide for or to keep the requested or permitted use location free of trash, papers or other debris during and after the requested or permitted use;
10. Fails to allow physical access to the requested or permitted use location by the Town Chair or his/her designee for inspection purposes upon one (1) hour notice to the applicant or permittee.
PEACE AND ORDER 9.03 (6)

(6) Mishandling and Misuse of Fireworks Prohibited. The following actions constitute the mishandling and/or misuse of fireworks and are prohibited in the Town of River Falls:

A. The throwing by any person of ignited or non-ignited fireworks;
B. The intentional igniting or discharging in any way of fireworks within one thousand (1000) feet of a nursing home, library, hospital, jail, medical clinic, day care center, school, service station or other premises where gasoline or other volatile materials are sold in excess of five (5) gallons per day;
C. The intentional igniting or discharging of fireworks from a motor vehicle or boat regardless if the motor vehicle or boat is moving.

9.04 OBSTRUCTING STREETS AND SIDEWALKS PROHIBITED. No person
shall stand, sit, loaf, loiter or engage in any sport or exercise on any public street, sidewalk, bridge, or public ground within the Town in such a manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place, except with the permission of the Town Board upon written application to the Board.

9.05 LOUD AND UNNECESSARY NOISE PROHIBITED. No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley, park or any private resident.

9.06 GAMBLING, LOTTERIES, FRAUDULENT DEVICES AND PRACTICES PROHIBITED. (Am. MSC '89) All forms of gambling, lotteries and fraudulent devices and practices are prohibited within the Town, except as provided by State law. Any officer of the Town may seize anything devised solely for gambling or found in actual use for gambling within the Town and dispose thereof after a judicial determination that such device was used solely for gambling or found in actual use for gambling.

9.07 LOITERING PROHIBITED. (1) LOITERING OR PROWLING. No person shall loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it impracticable, a peace officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection if the peace officer did not comply
PEACE AND ORDER 9.07 (1)

with the preceding sentence or if it appears at trial that the explanation given by the person was true and if believed by the peace officer at the time, would have dispelled the alarm.

(2) OBSTRUCTION OF HIGHWAY BY LOITERING. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or loitering in or upon the same after being requested to move on by any peace officer.

(3) OBSTRUCTION OF TRAFFIC BY LOITERING. No person shall loaf or loiter in groups or crowds upon the public streets, alleys, sidewalks, street crossing or bridges or in any other public places within the Town in such manner as to prevent, interfere with or obstruct the ordinary free use of the public streets, sidewalks, street crossings and bridges or other public places by persons passing along and over the same.

(4) LOITERING AFTER BEING REQUESTED TO MOVE. No person shall
loaf or loiter in groups or crowds upon the public streets sidewalks or adjacent doorways or entrances, street crossing or bridges or in any other public place or on any private premises without invitation from the owner or occupant after being requested to move by any peace officer or by an person in authority at such places.

9.08 DESTRUCTION OF PROPERTY PROHIBITED. No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property of any kind or nature belonging to the Town or its departments or to any private person without the consent of the owner or proper authority.

9.09 LITTERING PROHIBITED. No person shall throw any glass, garbage, rubbish, waste, slop, dirty water, noxious liquid or other litter or unwholesome substance upon the streets, alleys, highways, public parks or other property of the Town, upon any private property not owned by him or upon the surface of any body of water within the Town.

9.10 HARBORING CERTAIN ANIMALS PROHIBITED. No person shall own, harbor or keep any dog, cat or other animal in a domesticated environment which;

(1) Habitually pursues any vehicle upon any public street, alley or
highway or is allowed to run at large.

(2) Assaults or attacks any person.

(3) Is vicious. A showing that a dog or other animal has bitten, attacked or injured any person or livestock shall constitute a prima facie showing that such dog or animal is vicious.

(4) Habitually barks, crows, cries, screeches, howls or makes any other loud or annoying sound which greatly disturbs the peace and quiet of a neighborhood.
PEACE AND ORDER 9.10 (5)

(5) Has not been licensed as required by the ordinances of the Town and the laws of the State.

(6) In any other manner violates the provisions of Sec. 12.04 of this General Code of Ordinances (Cr. 11/17/03).

9.11 OPEN CISTERNS, WELLS, BASEMENTS OR OTHER DANGEROUS EXCAVATIONS PROHIBITED. No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations, or other dangerous openings. All such places shall be filled, securely covered or fenced in such manner as to prevent injury to any person and any cover shall be of a design, size and weight that the same cannot be removed by small children. Any violation of this section is a public nuisance and may be disposed of in accordance with Ch. 823. Wis. Stats.

9.12 ABANDONED OR UNATTENDED ICE BOXES, ETC., PROHIBITED. No person shall leave or permit to remain outside of any dwelling, building or other structure or within any unoccupied or abandoned building, dwelling or other structure under his control in a place accessible to children any abandoned, unattended or discarded ice box, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside without first removing such door or lid, snap lock or other locking device from such ice box, refrigerator or container, unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.

9.13 OPEN CONTAINER. (1) No person shall have in his possession an open container of any alcohol beverage while on the Town property, streets or sidewalks.

(2) Subsection (1) shall not apply to those groups making application for a special permit for parties to be held on Town property after receiving special written permissions from the Town Board.

9.14 DISORDERLY CONDUCT WITH A MOTOR VEHICLE. No person shall operate a motor vehicle in such a manner as to cause the tires to squeal, the motor to race excessively, the horn to blow unnecessarily, the radio to blare or in any other manner which would annoy or disturb other persons in the Town or endanger the public peace and safety.

9.15 MOVING BUILDINGS. (1) No person shall move a building into the Town or from one location to another within the Town without first obtaining a permit from the Town Board.

(2) Application for a building permit shall be made to the Town Board with sufficient time allowed for inspection by the Assessor, who shall place a market value on the building. Assessor's fees for appraisal shall be paid by the applicant.

PEACE AND ORDER 9.15 (3)

(3) Upon approval by the Town Board, such building shall be placed on a permanent enclosed foundation constructed of poured concrete, cement or cinder blocks with vents and access for maintenance. Buildings shall be placed on a permanent foundation within 30 days of approval.

(4) This section is in addition to any applicable provisions of the County Zoning Code.

9.16 ADULT ENTERTAINMENT IN LICENSED ESTABLISHMENTS PROHIBITED.
(Recreated 11/7/05)

(1) It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in any live act, demonstration, dance or exhibition of the premises of a licensed establishment which:

Shows his or her genitals, pubic area, vulva, anus anal clef or cleavage with less
than a fully opaque covering; or

Shows any portion of the female breast below a point immediately above the top
of the areola; or

Shows the covered male genitals in a discernibly turgid state; or

Shows or simulates sexual intercourse, masturbation, sodomy, beastiality, oral copulation or flagellation.

(2) The provisions of this ordinance do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.
PEACE AND ORDER 9.16(3)

(3) For purposes of this ordinance, the term "licensed establishment" means any
establishment licensed by the Town Board of the Town of River Falls to sell alcohol beverages pursuant to Chapter 125, Stats. The term "licensee" means the holder of a retail "Class A", "Class B", Class "B" or Class "A" or Class "C" license granted by the Town Board of the Town of River Falls pursuant to Chapter 125, Stats.

(4) Any person, partnership or corporation who violates any of the provisions of this ordinance shall be subject to a forfeiture of not less than $250.00, and not more than $500.00 per violation. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this ordinance constitutes sufficient grounds for suspending, revoking or non-renewing an alcohol beverage license under Section 125.12, Stats."

SECTION 2. Severability. If any section of this ordinance is found to be unconstitutional or otherwise invalid, the validity of the remaining section shall not be affected.

SECTION 3. Effective Date. This Ordinance shall take effect upon passage and publication as required by law.

CHAPTER 10

PUBLIC NUISANCES

10.01 Public Nuisances Prohibited
10.02 Public Nuisance Defined
10.03 Public Nuisances Affecting Health
10.04 Public Nuisances Offending Morals and Decency
10.05 Public Nuisances Affecting Peace and Safety
10.06 Fire Safety Permits
10.07 Abandoned Vehicles on Public Roads and Property
10.10 Abatement of Public Nuisances
10.11 Cost of Abatement
10.15 Penalty

PUBLIC NUISANCES 10.01

10.01 PUBLIC NUISANCES PROHIBITED. No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Town.

10.02 PUBLIC NUISANCE DEFINED. A public nuisance is a thing, act, occupation, condition or use of property which continues for such length of time as to:

(1) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.

(2) In any way render the public Insecure in life or in the use of property.

(3) Greatly offend the public morals or decency.

(4) Unlawfully and substantially interfere with, obstruct or tend to obstruct, or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.

10.03 PUBLIC NUISANCES AFFECTING HEALTH. The following acts, omissions, places, conditions and things are specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of §10.02:

(1) ADULTERATED FOOD. All decayed, adulterated or unwholesome food or drink sold or offered for sale to the public.

(2) CARCASSES, UNBURIED. Carcasses of animals, birds or fowl not intended for human consumption or food which are not buried or otherwise disposed of in a sanitary manner within 24 hours after death.

(3) INSECTS OR VERMIN, BREEDING PLACES FOR. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material in which flies, mosquitoes, disease carrying insects, rats or other vermin can breed.

(4) WATER, STAGNANT. All stagnant water in which mosquitoes, flies or other insects can multiply.

(5) PRIVY VAULTS AND GARBAGE CANS. Privy vaults and garbage cans which are not flytight.

PUBLIC NUISANCES 10.03(6)

(6) WEEDS, NOXIOUS. Canada Thistle, Leafy Spurge, Field Bindweed (creeping Jenny), unsightly and troublesome plants which are detrimental to cultivated crops, public health, public welfare and to the general appearance of the surrounding area or such uncultivated rank plants which create unpleasant or noxious odors or grow to such height as to permit the concealment of filthy deposits.

(7) POLLUTION, WATER. The pollution of any public well or cistern, stream, lake, canal or other body of water by sewage, creamery or industrial wastes or other substances.

(8) ODORS, NOXIOUS. Any use of property, substances or things within the Town emitting or causing any foul, offensive, noxious or disagreeable odors, gases, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, Injure or inconvenience the health of any appreciable number of persons within the Town.

(9) POLLUTION, STREET. Any use of property which causes any noxious or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the Town.

(10) POLLUTION AIR. The escape of smoke, soot, cinders, noxious aciws, fumes, gases, fly ash, industrial dust or other atmospheric pollutants within the Town or within one mile therefrom in such quantities as to endanger the health of persons of ordinary sensibilities or threaten or cause substantial damage to property in the Town.

(11) ANIMALS, LOOSE. Any animals running at large in the Town.
(See Sec. 12.04(3)(a)4. (Am. 11/17/03)

10.04 PUBLIC NUISANCES OFFENDING MORALS AND DECENCY. The following acts, omissions, places, conditions and things are specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of §10.02:

(1) DISORDERLY HOUSES. All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling.

(2) GAMBLING DEVICES. All gambling, devices and slot machines.

PUBLIC NUISANCES 10.04(3)

(3) UNLICENSED SALE OF LIQUOR AND BEER. All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by the ordinances of the Town.

(4) CONTINUOUS VIOLATION OF TOWN ORDINANCES. Any place or premises within the Town where Town ordinances or State laws relating to public health, safety, peace, morals or welfare are openly, continuously and repeatedly violated.

(5) ILLEGAL DRINKING. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of State laws.

10.05 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following acts, omissions, places, conditions and things are declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the definition of §10.02:

(1) DANGEROUS SIGNS, BILLBOARDS, ETC. All signs, billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety.

(2) ILLEGAL BUILDINGS. All buildings erected, repaired or altered in violation of Town ordinances relating to materials and manner of construction of buildings and structures within the Town.

(3) UNAUTHORIZED TRAFFIC SIGNS. All unauthorized signs, signals, markings or devices placed or maintained in view of any public highway or railway crossing which purport to be or may be mistaken as official traffic control devices, railroad signs or signals or which, because of their color, location, brilliance or manner of operation, interfere with the effectiveness of any such device, sign or signal.

(4) OBSTRUCTION OF INTERSECTIONS. All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.

(5) LOW HANGING TREE LIMBS. All limbs of trees which project over and less than 10' above any public sidewalk, street or other public place.

PUBLIC NUISANCES 10.05(6)

(6) DANGEROUS TREES. All trees which are a menace to public safety or are the cause of substantial annoyance to the general public.

(7) FIREWORKS. All use or display of fireworks, except as provided by State laws and Town ordinances.

(8) DILAPIDATED BUILDINGS. All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.

(9) LOW HANGING WIRES AND CABLES. All wires and cables over streets, alleys or public grounds which are strung less than 15' above the surface thereof.

(10) NOISY ANIMALS OR FOWL. The keeping or harboring of any animal or fowl which by frequent or habitual howling, yelping, barking, crowing or making of other noises which annoy or disturb a person or persons within the Town. (Am. 11/17/03).

(11) OBSTRUCTIONS OF STREETS; EXCAVATIONS. All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by this General Code, but including those which, although made in accordance with such ordinances, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished or which do not conform to the permit.

(12) UNLAWFUL ASSEMBLIES. Any unauthorized or prohibited use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.

(13) BLIGHTED BUILDINGS AND PREMISES. (a) Premises existing within the Town which are blighted because of faulty design or construction, failure to maintain them in a proper state of repair, improper management or due to the accumulation thereon of junk or other unsightly debris, structurally unsound fences and other items which depreciate property values and jeopardize or are detrimental to the health, safety, morals or welfare of the people of the Town.

(b) Blighted premises contribute to conditions that are dangerous to the public health, safety, morals and general welfare of the people; the conditions necessitate excessive

PUBLIC NUISANCES 10.05(13)(c)

and disproportionate expenditure of public funds for public health and safety, crime prevention, fire protection and other public services; such conditions cause a drain upon exercise of governmental functions in such areas.

(c) Elimination of blighted premises and prevention of blighted premises in the future is in the best interest of the citizens and shall be fostered and encouraged by this section. It is essential to the public interest that this section be liberally construed to accomplish such purposes.

10.06 FIRE SAFETY PERMITS. (Cr. 7/17/95) (Am. 5/2/05) (1)(a) Pursuant to §§23.12, 23.14, 60.55, 60.555, 55.052 and 101.14 Wis. Stats., as hereafter amended, and this Chapter, every person shall obtain a fire safety permit, for any fire to be ignited in the Town of River Falls.

(b) The fire permit may be issued by any member of the Town Board or its agent, on an annual basis, all such permits to expire on December 31. It must be issued prior to igniting the fire and must be in the possession of the permittee at the time of the burn. The applicant must be over 18 years of age. A burning permit fee may be established by the Town Board, to be paid prior to issuance of the permit.

(c) The permit may not be amended to change the date, premises or other provision of the permit. It may not be transferred from one person or entity to another.

(d) No permit shall be valid until the permittee has notified the Pierce County Dispatcher of the time and place of the burn. An officer of the Town Board may inspect the premises for which a permit is issued at any time during the period of the permit.

(e) The permit form shall include:

1. The name of the applicant

2. The address of the applicant

3. The phone number of the applicant

4. Date of application

5. Date of burn

6. The type, source and amount of material to be burned

7. Any restriction or regulations by Board Member issuing the permit

PUBLIC NUISANCES 10.06(2)

(2) EXEMPTIONS. (a) Persons who burn materials authorized by Wisconsin Statutes, in a stove, furnace or incinerator, inside a building.

(b) Persons who burn charcoal or other combustible materials for domestic cooking outdoors at their residence, or in a public park. This exemption does not apply if the Town Board or the Department of Natural Resources (DNR) declares a fire emergency.

(c) Persons who burn charcoal or other combustible material in a grill, or camp fire, for domestic cooking or heating at a campsite.

(3) NONCOMPLIANCE. A person may be denied a fire safety permit if within the past two years the permittee has:

(a) Failed to prevent, or attempt to prevent open fire intentionally ignited without a permit.

(b) Failed to establish adequate fire protection or failed to undertake required fire prevention activities at the permitted location.

(c) Failed to install or maintain adequate fire safety equipment during the permitted use where required as a condition of the permit.

(d) Failed to prevent burning activities at the permitted burning location not authorized by the permit.

(e) Failed to prevent any burning activities within 25' of any structure.

(f) Failed to allow a Town Board member physical access to the burning site for fire inspection purposes.

(4) MATERIALS. (a) No person shall ignite, or cause to be ignited, any fire outdoors in the Town except with a permit. The only material to be burned is brush, clean wood, grass, dry leaves or paper.

(b) No person shall intentionally or negligently, ignite a fire to any building, structure or equipment, unless said person obtains permits where necessary from County, State or DNR.

(c) The following material may not be burned at any time:

1. Wet combustible rubbish

2. Garbage
PUBLIC NUISANCES 10.06(4)(c)3.

3. Oily substances

4. Asphalt

5. Plastic and rubber products

6. Rubber tires and greasy rags

7. Insecticide, pesticide or paint containers

8. Any material that can be recycled (See Chapter 19)

(5) DEFINITIONS. Whenever any of the following terms are used in this Chapter, such terms shall be deemed and construed to have the meaning ascribed to them as follows:

Brush. Clean woody vegetative material, less than six inches in diameter - does not include stumps.

Campfire. A small outdoor fire for the sole purpose of cooking or warmth, in a controlled situation, where a fire break of rocks or ground is provided.

Fire Safety Permit. A form authorized by the Town Board or the DNR (#9400-196), which grants permission to burn only under certain conditions.

(6) Any person violating this Section, or the provisions of any permit issued hereunder, shall be subject to the penalty provided by §10.15.

10.07 ABANDONED VEHICLES ON PUBLIC ROADS AND PROPERTY. ( Am. 2/19/96) (1) VEHICLE ABANDONMENT PROHIBITED. No person shall leave unattended any motor vehicle, trailer, semitrailer, mobile home, or boat on any public street or highway or public property for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. When any such vehicle has been left unattended on any Town street or highway or on any public property within the Town without the permission of the Town Chairman for more than 48 hours, the vehicle is deemed abandoned and constitutes a public nuisance.

(2) REMOVAL AND IMPOUNDMENT OF ABANDONED VEHICLES. Any vehicle in violation of this Section shall be impounded until lawfully claimed or disposed of under paragraph (3) except, if determined by the Town Chairman or Supervisor that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle. The vehicle may then be junked prior to expiration of the impoundment period if

PUBLIC NUISANCES 10.07(3)

the vehicle is not wanted for evidence or other reason. All substantially complete vehicles in excess of 19 model years of age shall be disposed of in accordance with paragraph (3).

(3) DISPOSAL OF ABANDONED VEHICLES. (a) The provisions of §342.40, Wis. Stats., unless otherwise provided herein, shall apply to the notice and sale of abandoned vehicles on public roads.

(b) Where there is no lienholder of record, and the owner cannot be identified or located, the balance of the proceeds, if any, after deducting the expense of impounding and sale, shall be paid into the Town Treasury.

(4) OWNER RESPONSIBLE FOR IMPOUNDMENT AND SALE COSTS (a) The owner of any abandoned vehicle on public streets or public property (except a stolen vehicle) is responsible for the abandonment and all costs of impounding and disposing of the vehicle. Costs not recovered from the sale of the vehicle may be recovered, in a civil action by the Town against the owner, or placed on the tax roll as a special charge.

(5) NOTICE OF SALE OR DISPOSITION. (a) Within 5 days after the sale or disposal of a vehicle as provided in paragraph (3), the Town Clerk shall advise the Department of Transportation, Division of Motor Vehicles, of such sale or disposition on a form supplied by the Division. A copy of the form shall be given to the purchaser and a copy shall be retained on file in the Town.

(6) DISPOSAL OF JUNKED, UNREGISTERED, MOTOR VEHICLES. (a) Farm tractors or implements of husbandry are exempt from this ordinance, as are unlicensed vehicles that are maintained and operable at some time during the year, and used for agricultural purposes e.g. hauling grain during harvest. These vehicles would be allowed to be parked in the public view on a premises without an annual registration.

(b) Vehicles registered quarterly are considered licensed vehicles and in compliance with this Chapter.

(c) Up to two unlicensed vehicles shall be allowed outside, in public view. Three or more unlicensed vehicles on the same premises, in public view, shall be prima facie evidence of operation of a junk or salvage yard and would require a salvage yard license. Vehicles, such as these, that are left for more than 7 days are considered to be in violation of this Chapter. Upon the discretion of the Town Board, or their agent, these vehicles, or part thereof, shall be removed, stored and disposed of in a licensed salvage yard, junk yard or commercial garage, as provided in §342.(3), Wis. Stats. To the extent any such vehicle shall remain in said salvage yard, junk yard, or commercial garage, for a period in excess of 30 days, same shall be considered to be an unreasonable period of time and disposal of the vehicle shall be at the discretion of the Town Board.

PUBLIC NUISANCES 10.10

10.10 ABATEMENT OF PUBLIC NUISANCES. (1) ENFORCEMENT. The Constable, Fire Chief, Building Inspector and Health Officer shall enforce those provisions of this chapter that come within the jurisdiction of their offices and shall make periodic inspections and inspections upon complaint to insure that such provisions are not violated. No action shall be taken under this section to abate a public nuisance unless the officer has inspected or caused to be inspected the premises where the nuisance is alleged to exist and has satisfied himself that a nuisance does in fact exist.

(2) SUMMARY ABATEMENT. If the inspecting officer determines that a public nuisance exists within the Town and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Chairman may direct the proper officer to cause the same to be abated and charge the cost to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be.

(3) ABATEMENT AFTER NOTICE. If the inspecting officer determines that a public nuisance exists on private premises but that such nuisance does not threaten great and immediate danger to the public health, safety, peace, morals or decency, he shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within 10 days, the officer shall cause the nuisance to be removed as provided in sub. (2).

(4) OTHER METHODS NOT EXCLUDED. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the Town or its officials in accordance with the laws of the State.

(5) COURT ORDER. Except when necessary under sub. (2), an officer hereunder shall not use force to obtain access to private property to abate a public nuisance, but shall request permission to enter upon private property if such premises are occupied and if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.

10.11 COST OF ABATEMENT. In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the Town shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance and if notice to abate the nuisance has been given to the owner, such. cost shall be assessed against the real estate as a special charge.

PUBLIC NUISANCES 10.15

10.15 PENALTY. Any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder or permit or cause a public nuisance shall be subject to a, penalty as provided In §25.04 of this General Code.

CHAPTER 11

HEALTH AND WELFARE

11.01 Holding Tanks for New Construction Prohibited
11.02 Waste Management
11.03 River Protection
11.04 Hunting (Cr. 2/16/98)
11.05 Penalty

HEALTH AND WELFARE 11.01

11.01 HOLDING TANKS (Am. 9/20/04)

(1) A "holding tank" is a watertight receptacle, approved by the Wisconsin Department of Commerce, or such other Department having jurisdiction over same, for the collection and holding of sewage. It is a receptacle which must be periodically pumped so that the contents are removed therefrom and disposed in a safe and sanitary method.

(2) Holding tanks shall be permitted in connection with a replacement or failed system upon approval of the Town Board and only where it is demonstrated no other sewage disposal system is adequate for the premises. No holding tanks will be permitted for new construction.

(a) Any applicant for a holding tank permit shall pay the permit application fee as is from time to time determined by the Town Board. The applicant shall prepare an application and submit same with the fee and the deposit to the Town Clerk prior to the meeting at which the application shall be reviewed. The application fee shall be non-refundable in the event the application is denied. The deposit shall be refundable in the event the application is denied.

(b) The deposit referred to in this subsection shall be in an amount established from time to time by the Town Board. Initially the amount of the deposit shall be $100.00. This deposit shall be placed in a special holding tank fund maintained by the Town Treasurer. The purpose shall be to replace failing systems or pump systems that require pumping, where the property owner fails to either replace or pump. In the event the Town replaces or pumps a system the cost thereof shall be assessed as a special charge against the property upon which the holding tank is located. The Town Board, in its discretion, may use the deposit funds to such other purposes relating to water resources, wastewater management and erosion as it deems appropriate.

(3) Holding tanks shall be permitted with respect to non-residential uses only where State approved permits are obtained and special approval is granted by the Town Board. Factors to be used by the Board in determining whether to grant a permit for a holding tank to a commercial or industrial user shall include the availability and

HEALTH & WELFARE 11.01(3)

practicality of an alternate sewage system, the expense thereof and the general health and welfare of the public.

(4) The Town Board may authorize a variance from the terms of this Section using the criteria set forth in subsection (3) above.

(5) Any permit issued hereunder shall specify that the Town or its designated agent may go upon the premises at any reasonable time, without notice, to inspect the holding tank to determine its condition and to assure it is being pumped when necessary. In addition, the permit shall provide that the Town shall be furnished a duplicate of the key which locks the holding tank cover lock."

11.02 WASTE MANAGEMENT. (1) PURPOSE. The purpose of this section is to regulate and control the management of wastes through constructed waste facilities within the Town so as to protect the health, safety and welfare of the public.

(2) DEFINITIONS.

County. Pierce County, Wisconsin.

Disposal. Includes, but is not limited to, discharging, storing, burying, incinerating, chemically treating, biologically treating, unloading, throwing away, discarding, emptying, abandoning or burning waste, garbage, refuse or sludge on, into or under any property or lands, whether publicly or privately owned within the Town.

Municipality. Any city, village or town.

HEALTH AND WELFARE 11.02(2)

Refuse. Combustible and noncombustible discarded material including, but not limited to, trash, rubbish, paper, wood, metal, glass, plastic, rubber, cloth, ashes, litter and street rubbish, all industrial wastes, hospital wastes, dead animals, mine tailings, gravel pit and quarry spoils, toxic and hazardous wastes and material and debris resulting from construction or demolition.

Waste. All refuse, garbage and all other discarded or salvageable material, including waste materials from industrial, commercial and agricultural operations, excepting animal wastes resulting from operation of a farm and from domestic use and public service activities.

Waste Facility. Includes, but is not limited to, landfills, biological treatment plants, incinerators, chemical treatment plants, intermediate storage areas and compaction plants.

Water. Includes, but is not limited to, water from deep aquifers, springs, wells and surface waters used by farm animals and wildlife and for the growing of edible plants.

(3) PERMIT REQUIRED. Except as expressly permitted in sub. (4), no individual, corporation, municipality or county shall dispose of any waste or refuse or operate any constructed waste facility within the Town, unless a permit to engage in such disposal or operation is first obtained from the Town under the conditions or restrictions prescribed herein.

(4) EXCEPTIONS. The following shall not be deemed to come within the scope or meaning of this section:

(a) Sites used for the composting or temporary storage of waste, garbage or refuse from a single family or household, a member of which is the owner, occupant or lessee of the property provided, however, that such waste, garbage or refuse is placed in suitable containers or stored or disposed of in such other way as to not cause a public or private nuisance.

HEALTH AND WELFARE 11.02(4)(b)

(b) The use of sanitary privies and what are commonly known as seepage beds or septic tanks, which conform to applicable ordinances of the Town, or the discharge of human waste products into the public sewage system located within the Town.

(c) A farm on which only animal waste or other refuse of a biological nature resulting from the operation of the farm are disposed of.

(5) GENERAL DIRECTIVES, REGULATIONS AND REQUIREMENTS.
(a) There shall be no more than one waste facility of any kind permitted in the Town.

(b) If the waste facility is a landfill, it shall be built of the most modern double-lined construction as described in EPA PB86-184-496, March 1986.

(c) If the waste facility is a landfill, only incinerated waste or otherwise processed and equivalently detoxified waste may be deposited therein. Such incinerated waste or ash is subject to limitations of par. (d) below.

(d) No incinerated material or ash shall be put in the landfill if it contains any radioactive, heavy metal or other residual toxic materials as defined by the Wisconsin DNR or EPA of the United States. Proper disposal of such incinerator material or ash arriving at the landfill is the responsibility and expense of the owner-operator.

(e) No waste facility shall receive deposits generated or collected from anywhere other than Pierce County.

(f) Before any waste facility for the benefit of Pierce County or any part thereof is permitted to be constructed in the Town, the county shall have in operation mandatory recycling, composting and other practices as part of a comprehensive waste management program so as to minimize the volume of wastes and refuse to be disposed.

(g) If the waste facility is a landfill, it shall at a minimum be sited and operated in accordance and compliance with prescriptions, codes, laws and operating procedures of the State and the United States and, additionally, within the requirements of this section. Specifically, a landfill may only be of the double clay lined type where the separation distance between the seasonal high groundwater table

HEALTH AND WELFARE 11.02(5)(g)

and the bottom of the lower clay liner shall be at least 10' or according to standards currently approved by the DNR if such standards are more restrictive than the standards herein. In any event, no landfill may be built where any part of its base lies beneath the groundwater table.

(h) If the facility is an incinerator, it shall be of the most modern design and shall be equipped to include, but not limited to, emission controls, filtration devices and scrubbers to maintain air quality standards as specified by the Wisconsin Department of Natural Resources and/or by the U.S. Environmental Protection Agency.

(i) If the facility is an incinerator, it shall be sited in accordance with codes, laws and operating procedures of the State and the United States and shall be located no closer than 2,000' to any existing building.

(j) The Town shall be given a complete site plan, facility plan, operating procedures, environmental impact statement and monitoring plan prior to a permit applicant's taking any action toward permitting use or operation of the facility. Approval by the Town of such plans, procedures and statements is a condition precedent to obtaining the Town permit.

(k) Operation of the waste facility shall be in strict compliance with the approved plants, procedures and statements and no changes in the facility or its operations shall be made without prior approval by the Town.

(1) If the waste facility is a landfill, the operator/owner shall provide funds to the Town to pay for the training and continuing employment of a Town employee trained in waste management, who will continuously monitor the waste facility and its operation and will review all records of the facility, State inspections and other pertinent data as they occur.

(m) If elevated concentrations of toxic materials occur in monitored sites, the Town shall have the right to close the facility until the level of contaminants is reduced to levels below the standards set by the DNR and/or EPA.

HEALTH AND WELFARE 11.02(5)(n)

(n) At least 2 years prior to the initiation of operations of a landfill facility, regular groundwater monitoring shall be initiated and conducted by the State Hygiene Laboratory at the prospective owner-operator's expense. The purpose of such monitoring will be to provide a base for future monitoring. This monitoring shall be done in an area bounded by a circle with a 3 mile radius from the facility site. After initiation of operations, the owner-operator of the landfill will conduct monthly groundwater monitoring and will immediately provide the results of such monitoring to the Town waste management employee.

(o) At least 2 years prior to the initiation of operations of an incinerator, regular air quality monitoring shall be initiated by a qualified State laboratory at the prospective owner-operator's expense in order to provide a base for future monitoring. This monitoring shall be done in an area bounded by a circle with a 5 mile radius from the proposed site. After initiation of operation, the owner/operator of the landfill will conduct monthly air quality monitoring and will immediately provide the results of such monitoring to the Town waste management employee.

(p) If concentrations of contaminants are found to have elevated beyond State and national health safety standards for water or air at any time during operations or after the operation of the waste facility has ceased, affected residents of the Town shall have the option to have medical examinations and treatment. All such medical examinations and treatments shall be at the expense of the owner-operator of the facility.

(q) The owner-operator shall be liable for providing adversely affected residents of the Town means for obtaining clean, safe drinking water. These means include, but are not limited to, funds for redrilling wells, providing temporary bottled drinking water, connecting to a safe municipal water supply and the like.

(r) The owner-operator of the waste facility shall be responsible for all expenses relating to the installation, operation and maintenance of the facility including, but not limited to, road improvements and repairs and site preparation.

HEALTH AND WELFARE 11.02(5)(s)

(s) Any damage caused to the environment or surrounding property by the existence or operation of the waste facility shall be repaired by the owner/operator of the waste facility.

(t) Prior to the issuance of the Town permit, the owner/operator shall covenant in writing to protect property and agricultural land values that may be adversely affected by the presence of the waste facility or by nuisance, noise, traffic or contamination resulting from the facility. Such protection shall obtain to a radius of 5 miles from the facility site and shall be enforceable in a private action by any adversely affected owner of property within such radius.

(6) APPLICATION. There shall be public hearings on any proposal to develop and operate a waste facility. At least one such hearing shall include the general proposal and rationale for siting a constructed waste management facility within the Town. At least one such hearing shall include presentation of the site plan, facility plan, operating procedures, environmental impact statement and monitoring plans. Applications related thereto shall be on file with the Town Clerk at least 45 days prior to any public hearing.

(7) HEARINGS. Public hearings shall be held under the following terms:

(a) Public notice of such hearing shall be given as a Class 3 notice as described in §985.07, Wis. Stats.

(b) The cost of publication of such notices shall be deposited by the applicant in advance.

(c) Public hearings shall be held on the date specified in the notices or any adjourned date, however, such public hearings shall be merely advisory in regard to affecting any action which may be taken by the Town Board upon such application for a permit.

(8) BOND AND REVOCATION OF PERMIT. The Town Board reserves the right to require the permit applicant to post a bond in an amount set by the Board, a condition of which will be that this section shall be observed, the waste facility and management plan will be carried out as described, any financial obligations accruing thereto shall be paid and that if economic loss occurs to any one or several of the

HEALTH AND WELFARE 11.02(8)

residents of the Town, that loss shall be paid. If there is a violation of this section or if the waste facility fails to perform within the Town approved plans, procedures and environmental impact limits, the Town Board shall have the right to revoke the waste facility operating permit and, if necessary, obtain a court order terminating such operation. If after a reasonable demand the owner-operator of the waste facility does not restore the facility, operations and polluted surroundings in accordance with the approved plans, procedures and environmental impact limits, the Town Board shall have the right to correct the violation and charge all costs of correction against the bond and shall have a further right of direct recourse against the owner-operator if the bond amount is insufficient.

(9) ISSUANCE. The application for a permit shall be processed within 120 days of the receipt thereof and shall be issued if the Town Board is satisfied that there has been and will continue to be strict compliance with the conditions enumerated herein.

(10) REVOCATION. The permit once issued may be revoked after public hearing upon a published Class I notice by the Town at any time if any of the conditions necessary for the issuance thereof or any terms of this section are violated.

(11) STATE LAW ALSO APPLIES. Nothing contained herein shall be deemed to limit or restrict the application of any State law or administrative regulation of any State agency regulating the subject of this section.

(12) REFERENCES. References to the terms "Person," "anyone" or like references shall be deemed to refer to a person, sole proprietorship, partnership, corporation and also a member, officer or managing agent of any sole proprietorship, partnership or corporation unless the context clearly indicates otherwise. References to owner-operator apply to both the owner and operator of a waste facility or the anticipated owner and operator, where appropriate.

(13) TOWN LIABILITY. The act of granting a permit to an applicant or the fact of the operation of a waste facility or any related preparatory or maintenance related activity in the Town shall not create any liability whatsoever on the part of the Town to any person or entity for personal injury or property damage caused by the location, operation of a waste facility or related activities within the Town.

HEALTH AND WELFARE 11.03

11.03 RIVER PROTECTION. (Cr. #1993-2) (1) TITLE AND PURPOSE. This section is entitled the "Town of River Falls River Protection Ordinance". The purpose is to protect the Trimbelle, South Fork and Kinnickinnic River Areas as aesthetic resources, as well as a fish and wild life resource, so that the Trimbelle, South Fork and Kinnickinnic River Areas may be enjoyed by the community.

(2) DEFINITIONS. Whenever any of the following terms are used in this section, such terms shall be deemed and construed to have the meaning ascribed to them as follows:

Commercial activity means the sale or rental of goods or services within the River Areas, and includes, but is not limited to, renting, transporting, providing access for, or otherwise engaging and providing services for watercraft.

Motorized watercraft means any watercraft equipped with propulsion machinery, whether or not the machinery is the principal source of propulsion, and includes but is not limited to motor boats, jet skis, wet bikes, surf jets, hover craft, and air boats.

Non-motorized watercraft means watercraft which is not motorized, but which is used and/or designed for navigation, transportation, or floatation on water, and includes, but is not limited to, canoes, kayaks, rafts, air mattresses, paddle boats, and inner tubes.

0perate means the physical manipulation or activation of any of the controls of a motorized watercraft necessary to put it in motion.

Person extends and applies to natural persons, firms, corporations, associations, partnerships or other bodies politic.

River Areas means the channels of the Trimbelle, South Fork and Kinnickinnic Rivers and those areas subject to flooding of the same, all within the Town.

Watercraft means any device used and/or designed for navigation, floatation, or transportation on water.

(3) PROHIBITION OF OPERATION OF MOTORIZED WATERCRAFT. No person shall operate a motorized watercraft in the River Areas within the Town.

(4) EXCEPTIONS. The prohibitions in sub. (3), do not apply to:

HEALTH AND WELFARE 11.03(4)(a)

(a) Any motorized watercraft owned, operated, or controlled by an agency of the United States, the State, the County or the Town; or

(b) Any motorized watercraft engaged in bonafide emergency rescue operations.

(5) PROHIBITION OF COMMERCIAL ACTIVITY. No person shall engage in
any commercial activity in the River Areas within the Town.

11.04 HUNTING. (Cr. 2/16/98) No hunting or trapping with gun, bow, raptor or otherwise shall be permitted on any property owned by the Town unless a permit thereafter is first obtained from the Town Board. No permit shall be issued except where the Town Board deems such hunting or trapping necessary for the purpose of animal control which in the opinion of the Board is in the best interest of the public and appropriate for the general welfare of wildlife. Where licenses are required no permit shall be issued until proof of same is furnished the Town.

       11.05(1) SOLID FUEL-FIRED OUTDOOR HEATING DEVICES

Definitions.

1. Solid Fuel-Fired Outdoor Heating Device:  Any equipment,

device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.

1.  Chimney:  Any vertical structure enclosing a flue or flues that carry

      off smoke or exhaust from a solid fuel fired outdoor heating device,
      especially that part of such structures extending above a roof.

(c)  Nonlocal wood:  Wood raised or cut more than 25 miles from the    Town of River Falls boundary.
     
(2) Regulations for Solid Fuel Fired Outdoor Heating Devices.

1.  All solid fuel fired outdoor heating devices are allowed only on A1,

A2parcels (unless subdivision covenants do not permit them).

1.  All solid fuel fired outdoor heating devices installed within Town of

River Falls limits are required to meet current emission standards required by the Environmental Protection Agency (EPA).  Current emission standards required by the EPA are hereby adopted by reference together with any amendments or modifications made to them in the future.

1.  All solid fuel fired outdoor heating devices shall be installed,

operated and maintained in strict conformance with the manufacturer’s instructions and the regulations promulgated hereunder.  In the event of a conflict, the regulations promulgated hereunder shall apply unless the manufacturer’s instructions are stricter, in which case the manufacturer’s instructions shall apply.

1. The owner of the solid fuel fired outdoor heating device shall

produce the manufacturer’s instructions for all devices that do not conform to requirements of this ordinance.

1. Homemade solid fuel fired outdoor heating devices will be allowed

in the Town of River Fallsprovided the owner shows evidence that such devices meet EPA standards. 

    (3)  Substantive Requirements

     All outdoor devices shall be installed, operated and maintained
     pursuant to the following conditions: 

1.  Fuel shall be only natural untreated wood, wood products, corn

products, or biofuels specifically permitted by the manufacturer.

1.  The following fuels are strictly prohibited:

1.  Processed wood products and other non-wood products not permitted by manufacturers.
2. Gasoline
3. Garbage
4. Painted or treated wood
5. Tires
6. Non-local, diseased wood
7. Any other items not specifically allowed by the manufacturer or this provision

1. Chimney heights and device location shall be:

1. Within property setbacks per town and county requirements
2. At least 100 feet from any dwelling not served by the device
3. Minimum chimney heights per manufacturer.  If located within 100 feet to 300 feet of any dwelling not served by the device it is recommended that the stack be at least 2 feet higher than the peak of that dwelling. 
4. Height and location of device is at homeowner’s risk

    
   (4) Penalty

1. Any person who constructs, erects, replaces or modifies any Solid

fuel fired outdoor heating device that does not meet the requirements of this ordinance shall forfeit $100.00 per day for each day the non-complying unit remains in operation.

1.  Illegally constructed or erected solid fuel fired outdoor heating

devices shall be brought into compliance at the cost of the owner within 30 days of the first citation.

   11.50 PARKS AND RECREATION. (Am. 8/20/07)(Renumbered to 11.50 on 6/16/08)

1. The Park and Recreation Committee shall advise the Town Board as to its

           recommendations for the type and scope of recreational activities which
           may be permitted in Town parks.    

1. For purpose of  this subsection a “park” is a tract of land owned by the

Town developed for recreation and/or its preservation.

1. A Town park may be established provided the following:

1. The Town Board has received recommendation with respect to the proposed park and its uses by the Park and Recreation Committee.

(b)       A budget has been approved and funds have been authorized and
set aside by the Town Board upon recommendation from the Park and Recreation Committee.          

1.       A Capital Improvement Plan (CIP) has been completed in

           accordance with the applicable Comprehensive Park and
           Recreation Plan.

(4)      All Town parks shall have a sign of shape and color as directed by the
Town Board with language to indicate the park name, address, use and
           restrictions.

(5)      All the parks shall be shown on the Town’s Park Map.

1.      The following uses are prohibited in Town parks:

(a)       IMPROVEMENTS. All buildings, structures or improvements must first be
           approved by the Town Board upon recommendation of the Park and
           Recreation Committee and be for purposes associated with the use/or
           maintenance of the parks.

           (b)       VEGETATION.  No person shall remove, damage, or disturb any
                      vegetation, except for the removal of recognized exotic and invasive
           species in accordance with the park management plan by the order of the Town Board upon recommendation of the Park and Recreation Committee.
                      
           (c)       TREES.  No person shall remove, damage, or distribute trees, except for
                       invasive species, dead, or diseased trees for the purpose of public safety
                       pursuant to a park management plan with authorization of the Town
                       Board upon recommendation of the Park and Recreation Committee.

(d)        DEFACING PARK PROPERTY.  No person shall cut, break or in any
            way injure or deface any building, fence, equipment or faculty, or any
            feature or property, including excavation and removal of soil, natural
            objects, upon or within any park; except however, projects undertaken
            in connection with development of park resources upon Order or
            Resolution of the Town Board upon recommendation of the Park and
            Recreation Committee.

(e)       LITTERING.  No person shall throw, deposit, place or leave in any park or
waters therein any paper, rubbish, waste cans, bottles or refuse of any
kind except in receptacles provided for waste.

(f)         PARK HOURS.  No cars, campers or pedestrians shall be in any park
between eleven p.m. and five a.m. except those involved in scheduled
activities approved by the Town Board upon recommendation of the Park and Recreation Committee.

(g)       BILL POSTING.  No person shall post, paste, fasten, paint or affix any
placard, bill, notice, sign or advertising upon any structure or erect any
structure for that purpose unless authorized by the Town Board upon recommendation of the Park and Recreation Committee.

(h)        BENCHES and TABLES.  No person shall remove benches, seats or
tables from the park proper without approval of the Town Board upon
recommendation of the Park and Recreation Committee.

1. SELLING OF GOODS.  No person or group shall sell or offer for sale any

article or thing in any park.  This prohibition shall not apply to sales of
refreshments and other articles authorized by the Town Board upon
recommendation of the Park and Recreation Committee.
  
(j)         FIRES.  No person shall start, tend or maintain any fire or burn any refuse
except in designated park fireplaces or park grills.

(k)        CAMPING.  No camping is permitted in any Town park, unless approved
            by the Town Board upon recommendation of the Park and Recreation
           Committee.

1. HUNTING. No hunting is permitted in any Town park except to control

           animal population, disease, and/or damage to property in accordance with
           Town Ordinance 11.04, and only upon approval of the Town Board upon
            recommendation of the Park and Recreation Committee.

(m)      MOTORIZED VEHICLES.  No motor vehicles in any Town park except for
emergency vehicles and those needed for permitted land management
activities.  No motorized vehicles shall be parked on the grass of any
Town park except in areas defined as parking by the placement of parking
posts.

(n)        ALCOHOL.  No alcoholic beverages are permitted in Town parks and
recreational areas.

(o)       GLASS CONTAINERS.  No person shall possess or consume any
beverage in glass containers in any Town park or recreation area.

(p)       WEAPONS.  No person shall have in their possession or under their
control any air gun as defined in Section 939.22, Wis.Stats.  All firearms
(guns) are prohibited unless the same is unloaded and enclosed in a
carrying case or any bow unless the same is unstrung or enclosed in a
carrying case.

(q)       PETS.  Pets shall be leashed in the park and no person shall allow their
pet to deprive or disrupt the enjoyment or use of any park or recreation
area.  Pet owners are required to remove their pet’s fecal waste.

1. ENCROACHMENT.  No person shall construct any structures on park

            property.  Examples of such:  Play set, gardens, flower beds, private    paths, buildings, etc.
 
(s)        EASEMENTS.  No new public utility easements or rights of way shall be
permitted across any park except upon Order or Resolution of the Town
Board upon recommendation of the Park and Recreation Committee.

1.      SALE.  Sale of dedicated park land is prohibited except upon Order or

            The Town Board upon recommendation of the Park and Recreation
           Committee and, as necessary, Court approval.

1.       WATERWAYS.  Construction of ponds, and the manipulation or alteration

           of water courses, springs or shore areas including stream and wetlands is
prohibited except in conjunction with the Park Management Plan upon Order or Resolution of the Town Board upon recommendation of the Park and Recreation Committee.

(v)        HORSES.  No horse or mule riding is permitted in Town parks or
recreational areas.

(w)       BICYCLES.  Bicycles are allowed only on designated bicycle trails.

(x)        ATHLETICS.  No person shall play organized hard ball upon the athletic
grounds.  The use of the athletic grounds by organized teams shall be
subject to the approval and scheduling of the Town Board upon recommendation of the Park and Recreation Committee.

(y)        FIREWORKS.  No fireworks are permitted in any park or recreational area.”

11.50 PENALTY. (Am. 8/20/07) Except as otherwise provided, any person found to be in violation of any provisions of this chapter shall be subject to a penalty as provided in §25.04 of this Code.

CHAPTER 12

LICENSES AND PERMITS

12.01 License Fees
12.02 General Provisions as to Licenses
12.03 Alcohol Beverages
12.04 Dogs
12.045 Exotic Animals
12.05 Mobile Homes and Mobile Home Parks
12.06 Dealers of Used, Wrecked and Junked Motor Vehicles
12.07 Sign Regulations (Rn. to §17.13 on 10/19/98)
12.08 Nonmetallic Mining
12.10 Penalty

LICENSES AND PERMITS 12.01

12.01 LICENSE FEES. (Am. 10/2/00) Fees for licenses issued under this Chapter shall be as are established from time to time by resolution of the Town Board.

12.02 GENERAL PROVISIONS AS TO LICENSES. (1) LICENSES OR PERMITS REQUIRED. No person shall engage in any trade, profession, business or privilege in the Town for which a license or permit is required by any provision of this Code without first obtaining such license or permit from the Town in the manner provided in this section, unless otherwise specifically provided.

(2) APPLICATION. Unless otherwise provided, application for a license or permit shall be made in writing to the Town Clerk upon forms provided by the Town, and applicant shall state the location of the proposed activity and such other facts as may be required for or be applicable to the granting of such a license or permit.

(3) PAYMENT OF FEE. The fees required for any license or permit shall be paid at the office of the Town Clerk before the granting of the license or permit. No fee paid shall be refunded unless the license or permit is denied.

(4) BOND AND INSURANCE. All required bonds shall be executed by 2 sureties or a surety company and be subject to the approval of the Town Board. Where policies of insurance are required, such policies shall be approved as to substance and form by the Town Attorney. Satisfactory evidence of coverage by bond or insurance shall be filed with the Town before the license or permit is issued.

(5) APPROVAL OR DENIAL OF LICENSES. Where the approval of any Town or State officer is required prior to the issuance of any license or permit, such approval shall be presented to the Town before any license or permit is issued.

(6) CERTIFICATE. Licenses or permit certificates shall show the name of the licensee or permittee, the date of issue, the activity licensed and the term of the license or permit and shall be signed in the name of the Town by the Chairman and Town Clerk and be impressed with the Town Seal. The Clerk shall keep a record of all licenses and permits issued.

(7) TERMS. (a) Unless otherwise provided, the license year shall end on June 30 of each year.

LICENSES AND PERMITS 12.02(7)(b)

(b) Where the issuance of licenses for a period of less than one year Is permitted, the effective date of such license shall commence with the date of Issuance.

(c) Permits shall be issued for the term set forth in the permit.

(8) EXHIBITION OF CERTIFICATE. Every licensee or permittee shall carry his license or permit certificate upon his person at all times when engaged in the activity for which the license or permit was granted, except that where such activity is conducted at a fixed place or establishment, the license or permit certificate shall be exhibited at all times in some conspicuous place in his place of business. The licensee or permittee shall exhibit the license certificate when applying for a renewal and upon demand of any police officer or person representing the issuing authority.

(9) TRANSFER. Unless otherwise provided, no license or permit shall be transferable or assignable.

(10) DETERMINATIONS OF THE TOWN BOARD. All determinations made by the Town Board shall be subject to the provisions of Ch. 68, Wis. Stats.

(11) INSPECTION. Town officials may enter upon the premises where any licensed or permitted activity is being conducted for the purpose of inspection at any reasonable time.

(12) REVOCATION AND SUSPENSION OF LICENSES. (a) Except as otherwise provided, any license issued under this chapter may be revoked f or cause by the Town Board. No license shall be revoked except upon written verified complaint filed with the Town Board by the Chairman, a member of the Town Board, the Constable or a resident of the Town. The licensee shall be served with a written copy of the charges and shall be given an opportunity to be heard before the Town Board. The licensee shall be given notice of such hearing, which shall be not more than 20 nor less than 5 days after notice, except as otherwise agreed between the parties.

LICENSES AND PERMITS 12.02(12)(b)

(b) At such hearing, the licensee shall be entitled to be represented by counsel, shall have the right to present and cross-examine witnesses and, upon request, may have subpoenas issued by the Chairman or presiding officer of the Board to compel the attendance of witnesses.

(c) After hearing the evidence, the Board may revoke such license or impose a limited period of suspension. The determination of the Board shall be final, subject to review under Ch. 68, Wis. Stats., provided the licensee shall not be entitled to a further hearing unless granted by the Town Board.

(d) The Constable shall repossess any license revoked hereunder.

(e) If the licensee does not apply for a hearing within the time provided, the license may be revoked by the Town Board.

12.03 ALCOHOL BEVERAGES. (1) STATE STATUTES ADOPTED. The provisions of §125, Wis. Stats., defining and regulating the sale, procurement, dispensing, consumption and transfer of alcohol beverages, including provisions relating to persons under the legal drinking age, are adopted and made a part of this section by reference. A violation of any of such provisions shall constitute a violation of this section.

(2) LICENSES, PERMITS, AUTHORIZATION REQUIRED. (a) When Required. Except as provided by §125.06, Wis. Stats., no person shall within the Town, serve, sell, manufacture, rectify, brew or engage in any other activity for which this chapter or Ch. 125, Wis. Stats., requires a license, permit or other authorization without holding the appropriate license, permit or other authorization as provided in this chapter. See §125.04(l), Wis. Stats.

(b) Separate License Required for Each Place of Sale. Except for licensed public warehouses, a license shall be required for each location or premises where alcohol beverages are stored, sold or offered for sale. See §125.04(9), Wis. Stats.

(3) CLASSES OF LICENSES AND FEES. The following classes and denominations of licenses may be issued by the Town Clerk under the authority of the Town Board upon compliance

LICENSES AND PERMITS 12.03(3)(a)

with law and payment of the fee herein specified which, when so issued, shall permit the holder to sell, deal or traffic in alcohol beverages as provided in the referenced State statute.

(a) Class A Fermented Malt Beverage Retailer's License. See §125.25, Wis. Stats.

(b) Class B Fermented Malt Beverage Retailer's License. See §125.26, Wis. Stats.

1. Six Months. A Class "B" license may be issued at any time for 6 months in any calendar year, for 3/4 of the applicable license fee. Such license shall not be renewable during the calendar year In which Issued. See §125.26(5), Wis. Stats.

2. Special Event (Picnic). See §125.26(6), Wis. Stats.

(c) Wholesaler's Fermented Malt Beverage License. May not exceed $25 per year or fraction thereof. See §125.28, Wis. Stats.

(d) Retail Class A Liquor License. See §125.51(2), Wis. Stats.

(e) Retail Class B Liquor License. A retail "Class B" liquor license shall permit its holder to sell liquor in original packages or containers in multiples not to exceed 4 liters at any one time to be consumed off the licensed premises. See §125.51(3), Wis. Stats.

1. A license may be issued after July 1 in any license year which shall expire on the following June 30. The fee for the license shall be prorated according to the number of months or fractions of months remaining until the following June 30.

2. The fee for such license shall be 50% of the annual license fee. The license may not be renewed during the calendar year in which issued. See §125.51(g), Wis. Stats.

(f) Operator's License. See §125.17, Wis. Stats.

LICENSES AND PERMITS 12.03(3)(f)1.

1. Operator's licenses may be granted to individuals by the Town Board for the purposes of complying with §§125.32(2) and 125.68(2), Wis. Stats.

2. Operator's licenses may be issued only on written application on forms provided by the Town.

3. Operator's licenses shall be valid for one year and shall expire on June 30 of each year.

4. (Am. 2/17/97) All persons holding operator licenses for the dispensing of liquor or fermented malt beverages shall have complied with all State requirements.

5. The Town Board may issue an operator's license to applicants who have met the following requirements:

a. Have attained the age of 18.

b. Are a citizen of the United States and have established State residency.

c. Have fully completed the information requirements of the application form.

d. (Del. 2/17/97)

e. Have paid the fee for an annual license. (Am. 10/2/00)

6. Any violation of this section shall be cause for the revocation of such license. There may be revocation on other grounds.

(4) LICENSE APPLICATION. (a) Form. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on forms prescribed by the Wisconsin Department of Revenue and filed with the Town Clerk at least 15 days prior to issuance. The premises shall be physically described, including every room and storage space to be covered by the license and including all rooms joined by connecting entrances or not separated by a solid wall.

LICENSES AND PERMITS 12.03(4)(b)

(b) Application to be Notarized. The application shall be signed and sworn to by the applicant as provided by §887.01, Wis. Stats.

(c) Publication. Prior to issuance of a license under this section, the Town Clerk shall publish notice of the application in a newspaper determined from time to time by the Town Board as one likely to give notice in the area.

(d) Duplicate. Upon approval, a duplicate copy of each application shall be forwarded by the Town Clerk to the State Department of Revenue.

(e) Initial Issuance. (Cr. 10/2/00) No reserve "Class B" license shall be issued until the applicant has paid an initial issuance fee in the amount of $10,000. This fee shall be paid to the Town Clerk. This is a one-time fee payable only upon initial issuance and not upon subsequent renewal.

(5) LICENSE RESTRICTIONS. (a) Statutory Requirements. (Am. MSC - '89) Licenses shall be issued only to persons eligible therefor under §125.04, Wis. Stats.

(b) Location. 1. No retail "Class A" or "Class B" license shall be issued for premises the main entrance of which is less than 300 ft. from the main entrance of any established public school, parochial school, hospital or church. Such distance shall be measured by the shortest route along the highway from the closest point of the main entrance of such school, church or hospital to the main entrance to the premises covered by the license.

2. This paragraph shall not apply to premises licensed as such on June 30, 1947, nor shall it apply to any premises licensed as such prior to the occupation of real property within 300 ft. thereof by any school, hospital or church building.

(c) Violators of Liquor or Beer Laws or Ordinances. No retail Class A or B license shall be issued to any person who has been convicted of a violation of any federal or State liquor or fermented malt beverage law or the provisions of this section or whose license has been revoked under §125.12, Wis. Stats., during one year prior to such application. A conviction of a member of a partnership or the partnership itself shall make the partnership or any member thereof ineligible for such license for one year.

(d) Health and Sanitation Requirements. No retail Class B license shall be issued for any premises which does not conform to the sanitary, safety and health requirements of the State Department of Industry, Labor and Human Relations pertaining to buildings and plumbing, to the rules and regulations of the State Department of Health and Social Services applicable to restaurants and to all such ordinances and regulations adopted by the Town Board.

LICENSES AND PERMITS 12.03(5)(e)

(e) License Quota. The number of persons and places that may be granted a retail Class B liquor license under this section is limited as provided in §125.51(4), Wis. Stats.

(f) Age Requirement. (Am. MSC 189) No license hereunder, except an operator's license, shall be granted to any person who has not attained the legal drinking age. Operator's licenses may be issued only to applicants who have attained the age of 18.

(g) Effect of Revocation of License. Twelve months shall elapse before another license shall be granted to the person whose license was revoked.

(h) Delinquent Taxes, Assessments and Claims. No license shall be granted for any premises for which taxes, assessments or other claims of the Town are delinquent and unpaid, or to any person delinquent in payment of such claims, including unpaid forfeiture judgments, to the Town.

(i) Issuance for Sales in Dwellings Prohibited. No license shall be issued to any person for the purpose of possessing, selling or offering for sale any alcohol beverages in any dwelling house, flat or residential apartment.

(j) Operator's License Required. No person other than the licensee or persons having an operator's license issued by the Town shall be behind the bar in the licensed premises for the purpose of serving, dispensing or mixing alcohol beverages.

(k) Special Events. 1. Holders of picnic licenses and holders of licenses for occasions when beer is to be dispensed by a number of vendors passing among participants in events shall provide for a licensed operator to be present at all times at the central facility for dispensing beer during the time the premises are open. There shall also be at least one additional operator supervising all persons dispensing beer in the outer area serviced by the central facility.

2. This rule shall not apply to golf courses for occasions such as stag nights and ladies nights when events are participated in only by members and their few invited guests.

LICENSES AND PERMITS 12.03(6)

(6) FORM AND EXPIRATION OF LICENSES. All licenses shall be numbered in the order in which they are issued and shall state clearly the specific premises for which granted, the date of issuance, the fee paid and the name of the licensee and, unless sooner revoked, shall expire on June 30 thereafter except as otherwise provided by law. The Town Clerk shall affix his affidavit as required by §125.04(4), Wis. Stats.

(7) TRANSFER OF LICENSES. (a) As to Person. No license shall be transferable as to licensee except as provided by §125.04(12), Wis. Stats.

(b) As to Place. Licenses issued pursuant to this section may be transferred to another premises once during any license year as provided in §125.04(12), Wis. Stats. Application for such transfer shall be made on blanks furnished by the State Department of Revenue. Proceedings for transfer shall be had in the same manner and form as the original application. The fee for such transfer shall be $10.

(8) POSTING AND CARE OF LICENSES. Every license or permit required under this section shall be framed and posted and at all times displayed as provided in §125.04(10) Wis. Stats. No person shall post such license or permit any other person to post it upon premises other than those mentioned in the application, or knowingly deface or destroy such license.

(9) REGULATION OF LICENSED PREMISES AND LICENSEES. (a) Gambling and Disorderly Conduct Prohibited. Each licensed and permitted premises shall at all times be conducted in an orderly manner; and no disorderly, riotous or indecent conduct or gambling shall be allowed at any time on any such premises.

(b) Employment of Underage Person. No licensee shall employ any person who does not have a valid operator's license to serve, sell, dispense or give away any alcohol beverage.

(c) Sales by Clubs. No club shall sell intoxicating liquors or fermented malt beverages except to members and guests invited by members.

(d) Safety and Sanitation Requirements. Each licensed premises shall be maintained and conducted in a sanitary manner and shall be a safe and proper place for the purpose for which used.

LICENSES AND PERMITS 12.03(10)

(10) CLOSING HOURS. No premises for which an alcohol beverage license has been issued shall remain open for the sale of alcohol beverages:

(a) If a retail Class A fermented malt beverage license, between midnight and 8 a.m.

(b) If a retail Class A intoxicating liquor license, between 9 p.m. and 8 a.m.

(c) If a retail Class B license, between 2 a.m. and 6 a.m. on weekdays and between 2:30 a.m. and 6 a.m. on Saturdays and Sundays. On January 1 premises operating under a Class B license are not required to close. No package, container or bottle sales may be made after midnight.

(d) Hotels and restaurants whose principal business is the furnishing of food or lodging to patrons, bowling alleys, indoor horseshoe-pitching facilities, curling clubs and golf courses may remain open for the conduct of their regular business, but no intoxicating liquors or fermented malt beverages shall be sold during prohibited hours.

(11) REVOCATION AND SUSPENSION OF LICENSES. (a) Procedure. Whenever the holder of any license under this section violates any portion of this section, proceedings for the revocation or suspension of such license may be instituted in the manner and under the procedure established by §125.12, Wis. Stats., and the provisions therein relating to granting a new license shall likewise be applicable.

(b) Effect of Revocation. See sub. (5)(h) of this section.

(12) NONRENEWAL OF LICENSES. Before renewal of any license issued under this section is refused, the licensee shall be given written notice of any charges or violations or the reasons proposed for non renewal and a copy of any proposed motion for non renewal and shall have an opportunity to be heard before the Town Board.

(13) VIOLATIONS BY AGENTS AND EMPLOYEES. A violation of this section by an authorized agent or employee of a licensee shall constitute a violation by the licensee.

LICENSES AND PERMITS 12.03(14)

(14) SELLING OR GIVING BEER TO UNDERAGE PERSONS PROHIBITED. No person shall sell, dispense, give or furnish any fermented malt beverage to any underage person when not accompanied by parent, guardian or spouse of legal drinking age.

(15) PURCHASE OR POSSESSION OF INTOXICATING LIQUOR OR FERMENTED MALT BEVERAGES BY UNDERAGE PERSONS PROHIBITED. No underage person shall purchase or receive from any person, or have in his possession, any intoxicating liquor or wine. No underage person shall purchase or receive from any person, or have in his possession, any fermented malt beverages unless accompanied by his parent, guardian or spouse of legal drinking age.

(16) UNDERAGE PERSONS' PRESENCE IN PLACES OF SALE. (Cr. #1989-11) (a) Underage persons may enter or remain in a room on a Class B licensed premises separate from any room where alcohol beverages are sold or served, provided no alcohol beverages are furnished or consumed by any person in the room where the underaged persons are present. Before underaged persons may so enter upon a licensed premises as provided in the preceding sentence, the licensee shall obtain from the law enforcement agency responsible for enforcing local ordinances (Pierce County Sheriff's Department) a written authorization permitting underaged persons to be present under this subsection on the dates specified in the authorization. Before issuing the authorization, the law enforcement agency shall make a determination that the presence of underaged persons on the licensed premises will not endanger their health, welfare or safety or that of other members of the community. The licensee shall obtain a separate authorization for each date on which underaged persons will be present on the premises.

(b) An underaged person may enter or remain on a Class B licensed premises on a date specified by the licensee during times when no alcohol beverages are consumed, sold or given away. During such times, the licensee, the agent named in the license if the licensee is a corporation or a person who has an operator's license shall be on the premises, unless all alcohol beverages are stored in a locked portion of the premises. The licensee shall notify the local law enforcement agency (Pierce County Sheriff's Department) in advance of the times underaged persons will be allowed on the premises under this subsection.

LICENSES AND PERMITS 12.04

12.04 DOGS. (1) LICENSE REQUIRED. (a) Pursuant to the provisions of §174.05, Wis. Stats., the Town does hereby levy a dog license tax on every dog more than
five (5) months of age on January 1 of any year or becoming five (5) months of age within any license year. Every owner of a dog more than five (5) month of age on January 1 of any year, or five (5) months of age within any license year, shall annually or within 30 days from the date that each dog shall become five (5) months of age, at the time and in the manner provided by for the payment of personal property taxes, pay his dog license tax and obtain a license therefor. The word "owner" as used in this section includes every person who owns, harbors or keeps a dog.

(b) If the metallic license tag issued for a dog shall be lost, the owner may obtain a new tag upon the payment of $1 for each license tag that needs replacement.

(c) If there is a change in ownership of a dog during the license year, the new owner may have the license transferred to his name upon payment of a transfer fee of as is from time to time established by the Town Board for male or spayed female dogs and for unspayed female dogs. (Am. 10/2/00)

(d) Every dog specially trained to lead blind persons shall be exempt form the taxes herein levied and every owner of such a dog shall annually receive a free dog license upon application therefore.

(2) REGULATION OF DOGS. (a) Running at Large Prohibited. (Am. 1990-2) No owner of any dog shall permit such dog to run at large within the Town. A dog shall not be considered to

LICENSES AND PERMITS 12.04(2)(a)2.

2. Any person who shall suspect that any dog is infected with rabies shall report his suspicion to a law enforcement officer or the animal warden, describing the dog and giving the name of the owner, if known; any such dog shall, upon demand of any law enforcement officer or animal warden, be delivered to such officer or warden; if upon examination by the authorities the dog shall prove in fact to be infected with rabies, the dog may be killed by any such officer.

3. No person shall knowingly harbor or keep any dog infected with rabies or any dog known to have been bitten by a dog known to have been infected with rabies, or fail to report to a law enforcement officer or animal warden the existence of a dog which he knows to be infected with rabies.

(g) Dog Which Bites Persons. Every owner or keeper of a dog and every other person who knows that a dog has bitten any person shall immediately in writing report such fact to an animal warden and such owner or keeper shall immediately confine such dog for a period of at least 14 days thereafter and shall not release such dog except with the written approval of the warden. Any such dog shall be surrendered to the animal warden upon demand.

(3) CANINE CONTROL.

(a) Definitions. The following terms shall mean:

1. Abused Dog. Any dog which is:

a. Mistreated, beaten, tormented, or teased.

b. Deprived of potable water, food or shelter.

c. Is kept under unhealthy conditions.

d. Is trained for fighting other animals.

e. Is unable to escape the elements (sun, rain, wind, snow, cold, etc.)

2. Animal Control Warden. The person or persons employed by or designated by the Town, County, or State shall be the enforcement officer of this ordinance. This term includes humane officers duly appointed and qualified to perform such duties under the laws of the State of Wisconsin.

3. Animal Shelter. Any premises designated by action of the Town Board for the purposes of impounding and caring f or all animals found in violation of this ordinance.

LICENSES AND PERMITS 12.04(3)(a)4.

4. At Large. A dog is "at large" when it is off the property of its owner and not under restraint.

5. Commercial Dog Kennel. a. The term "commercial dog kennel" means a place where over ten (10) dogs over the age of five (5) months are kept by a corporate or individual owner, lessor, breeder of dogs who trains, grooms, boards, breeds and/or sells dogs for resale, individually or in litter lots for any purposes other than companion animals or for guides for the blind or public service dogs.

b. A place where the business may be the primary source of income of the occupant or owner of the property.

c. A commercial dog kennel shall be allowed in the following zoning districts by Special Use Permit only:
Agricultural Residential District with a minimum lot size of 5 acres.

6. Dangerous Dog. a. Any dog which constitutes a physical threat to human beings or to other domestic animals by virtue of a known history to endanger life by an unprovoked assault or bite so as to cause bodily harm.

b. A dog trained, owned or harbored for the purpose, primarily or in part, of dog fighting.

c. A dog shall not be deemed dangerous if:

1) it bites, attacks or menaces anyone assaulting the owner.

2) it bites, attacks or menaces a trespasser on the property of the owner.

3) it bites, attacks or menaces any person or other animal who has tormented or abused it.

4) it is otherwise acting in defense of an attack from a person or other animal upon the owner or other person.

5) it is protecting or defending its young or other animal.

7. Dog. The term "dog" shall apply to a canine animal, male or female, altered or unaltered. Pet animal means dogs or other species of wild or domestic or hybrid canine sold, transferred, or retained for the purpose of being kept as a house hold pet. Pet animal does not include an animal that is used for working purposes on a farm or ranch.

LICENSES AND PERMITS 12.04(3)(a)8.

8. Guard Dog. Any dog which has been trained to attack persons independently or upon command.

9. Individual Dog Owner. An individual is deemed an "individual dog owner" with respect to any dogs kept on the premises even if the dogs are only there temporarily. (Am. 11/17/03).

10. Nuisance Dog. Any dog which is at large or by frequent and habitual howling, yelping, barking, or other, shall cause serious annoyance or disturbance to persons or to a neighborhood or habitually pursues any vehicle upon any public street or highway. The provisions of this ordinance shall not apply to duly authorized hospitals or clinics conducted for the treatment of small animals.

11. Own. The term "own" unless otherwise specified shall be deemed to mean keep, harbor, have control, charge or custody of a dog. This term shall not apply to veterinarians temporarily maintaining on their premises dogs owned by others. This term shall apply to kennel operators when determining whether an applicant needs a kennel license and whether the license should be for a private dog kennel or a commercial dog kennel. In other words, each dog on the premises, even if there only temporarily and not owned by the kennel operator, shall be counted as a dog for the purpose of determining how many doges are "kept" on the premises. (Am. 11/17/03).

12. Owner. The term "owner" shall mean any person, group of persons or corporation owning, keeping, harboring, having charge or control of, or permitting any dog to habitually be or remain on or be lodged or fed within such persons residence, yard or premises for a period of five (5) days or longer. This term shall not apply to veterinarians or kennel operators temporarily maintaining on their premises animals owned by others.

13. Private Dog Kennel. The term "private kennel" means a place where more than five (5) but fewer than eleven (11) dogs over the age of five (5) months are kept; where breeding is conducted to produce two (2) litters or less per year; where the business of selling, breeding, or training dogs is conducted; and where the keeping of such dogs is incidental to the occupancy of the premises for residential purposes, and is not the primary source of income of the occupant or owner of the property.
The private dog kennel shall be allowed in the following zoning districts by Special Use Permit only:

a. Residential District

b. Agricultural/Residential District

LICENSES AND PERMITS 12.04 (3)(a)(14)

14. Proper Enclosure. A fence or structure of suitable height, forming or causing an enclosure suitable to prevent the entry of any young children. Such enclosure shall be locked and shall be designed to be secure to prevent an animal from escaping from the enclosure.

15. Restraint. An animal is under "restraint" within the meaning of this ordinance if it is controlled by a leash, cord, chain or similar physical restraint, or by a competent person and immediately obedient to that person's command, or within a vehicle being driven or parked on the streets or roads or within the property limits of its owner.

16. Stray. Any unlicensed dog, which is at large, the owner of which is unknown.

17. Town. The term "town" as used in this ordinance shall mean the Town of River Falls, Pierce County, Wisconsin.

(b) Restraint. The owner shall keep his/her dog under restraint at all times.

(c) Licensing of Dogs. No person shall own any dog within the Town limits unless such dog is licensed, except as provided under "Exceptions". Written application shall be made to such person or persons as designated by the Town and shall include all pertinent documentation as required for such license.

1. Exceptions.

a. Hospitals, clinics and other premises operated by licensed veterinarians exclusively for the care and treatment of dogs are exempt from the provisions of this ordinance, except where such duties are expressly stated.

b. The licensing requirement of this ordinance shall not apply to any dog belonging to a non-resident and kept within the Town for less than thirty (30) days, provided that all such dogs shall at all times be kept under restraint.

c. Any dog owned, kept or harbored by an individual or corporation holding either a Private or Commercial Kennel license need not be individually licensed.

d. Every dog specially trained to lead blind or deaf persons or to provide support for mobility impaired persons is exempt from the dog license fee and every person owning such a dog shall receive annually a free dog license.

(d) Types of Licenses and Fees.

1. Individual Dog.

LICENSES AND PERMITS 12.04(3)(a)(17)

a. Written application shall be made on a form to be furnished by the Town. As a condition for the issuance of said license, the owner shall submit current certification of rabies vaccination for the dog(s). At the time of application a numbered durable tag(s) shall be issued to the owner. At the time of application for a license a fee shall be paid. The amount of the fee shall be set by the Town Board from time to time.

b. Individual annual license fees for each dog over the age of five (5) months that is "whole" or unspayed or unneutered.

c. The individual annual license fee for each dog over the age of five (5) months that is either spayed or neutered.
d. Replacement Fee. In the event that the durable license tag issued for a dog shall be lost, the owner may obtain a duplicate tag.

e. Change of ownership. If there is a change of ownership of a dog, the new owner must, within thirty (30) days, apply for a license and pay the fee prescribed by this ordinance as if for a new license.

f. All fees will be set by the Town Board and reviewed from time to time.

g. Any dog owner upon becoming a resident of the Town shall be allowed thirty (30) days to obtain a dog license.

h. Tags. Upon complying with the provisions of this ordinance, there shall be issued to the owner a durable tag, stamped with a number and the year for which it was issued. Every owner is required to keep a valid tag securely fastened to the dog's collar or harness which must be worn by the dog at all times except when the dog for which the license is issued is indoors or on the premises of the owner or covered by an Exception.

2. Private Dog Kennel.

a. A private dog kennel license shall not be issued unless the application for such license is accompanied by the written approval thereof by the occupants of all privately owned real estate abutting the premises on which such kennel is to be located or unless the applicants kennel is 300 feet or more from any adjacent owner's property line. Approval of abutting property owners is necessary only for the initial licensing.

b. The Town Board may grant a Private Kennel License only upon approval of a Special Exception Permit after a public hearing.

c. A yearly license fee shall be required.
LICENSES AND PERMITS 12.04(3)(a)(17)(3)
3. Commercial Dog Kennel.

a. A commercial dog kennel license shall not be issued unless the application for such license is accompanied by the written approval thereof by the occupants of all privately owned real estate abutting the premises on which such kennel is to be located or unless the applicants kennel is 700 feet or more from any adjacent owner's property line. Approval of abutting property owners is necessary only for the initial licensing.

b. The Town Board may grant a commercial dog kennel license only upon approval of a Special Use Permit after a public hearing.

c. The provisions of sections 3.a. and 3.b. shall not be required for kennels lawfully operated prior to the passage of this Ordinance.

d. A yearly license fee shall be required. Such fee shall be set by the Town Board from time to time.

4. Provisions of Dog Kennel Licenses.

a. No person shall operate a dog kennel without first obtaining a dog kennel license as herein provided. All dog kennels licenses shall be issued for one (1) year beginning on January 1. Application for licenses may be made sixty (60) days prior to the start of the licensing year and thereafter during the licensing year.

b. A dog kennel license may be revoked by reason of any violation of the ordinance or by reason of the violation of any health or nuisance ordinances, order, law or regulation as may be determined by the Town Board. The Town Board shall set, a deadline as to when the violation must be corrected and the waiting period before reapplication, on a case by case basis.

c. Before revoking a dog kennel license, the licensee shall be given notice of the meeting at which such revocation shall be considered and a copy of the complaint. If the licensee is present at such meeting he/she shall be first given an opportunity to be heard. Notice of such meeting shall be given to the licensee in writing, mailed to the address of the licensee as set forth in the licensee application for the dog kennel license at least ten (10) working days prior to the date of the meeting.

d. All dog kennels shall be kept in a clean and healthful condition and at all reasonable times shall be given to inspection by any health officer, animal control officer or other person or persons charged with the enforcement of this ordinance or any health or sanitary regulation order, rule or statute of the Town.

(e) Impoundment and Redemption of Dogs.

LICENSES AND PERMITS 12.04 (3)(a) (17)(4)

1. Any dog found in violation of this ordinance may be taken by the Animal Control Warden and impounded in the designated animal shelter and there confined in a humane manner for a period of not less than seven (7) days. If not claimed prior thereto by its owner, it shall thereafter become the property of the Town and may be disposed of in a humane manner or sold to an individual desiring to purchase the dog as a pet. The new owner must sign an agreement to spay or neuter the animal.

2. Immediately upon the impounding of a dog wearing a current license, tattoo or other identification, the Animal Control Warden shall make reasonable effort to notify the owner of such dog of the impoundment and of the conditions whereby the owner may regain custody of the dog. Any verbal notices shall be confirmed in writing by the Animal Control Warden.

3. Not withstanding anything contained herein to the contrary, if a critically injured dog is at large pursuant to this ordinance, it may be destroyed by the Animal Control Warden but only after reasonable efforts have been made to contact its owner.

4. Any dog impounded hereunder being held for suspected disease (except rabies) may be reclaimed by the owner within ten (10), days upon payment of the owner to the Town any applicable forfeitures in addition to the costs for keeping such dog during the impoundment, providing that the licensing requirements of this ordinance are complied with.

5. Impoundment and Redemption Fines and Forfeitures shall be set by the Town Board.

(f) Quarantine

1. Any dog that has bitten a person shall immediately be impounded for at least ten (10) days and kept apart from other animals, under the supervision of a veterinarian or at the Town designated animal shelter, until it is determined whether such dog had or has a disease which might have been transmitted by such bite. Wis. Stats §95.21 5(a) & (b)

2. Such impounding may be done by the owner, and need not be at the designated Town animal shelter, but if it is not at the designated Town animal shelter, the owner shall notify the Animal Control Warden immediately and shall furnish proof in writing that such animal has been so impounded. Wis. States. §95.21 5(a)

3. Upon the expiration of ten (10) days, if it is determined the dog does not have a disease, the dog may be released and the Animal Control Warden shall be notified. If the dog was impounded to the designated Town animal shelter, it may be reclaimed in ten (10) days if it is determined the dog does not have a disease and all costs of shelter and care are paid by the owner. Wis. States. §95.21(5)(c)1. & 2.

LICENSES AND PERMITS 12.04(3)(a)(17)(f)(4)

4. Any dog owned, harbored, or kept in the Town of River Falls which has been bitten by a rabid or suspected rabid animal shall be impounded and kept in the same manner for a period of six (6) months, unless the animal has been vaccinated for rabies within the previous year, then the impoundment period shall be sixty (60) days. The owner of any animal which has been bitten by a rabid animal shall notify the Town Animal

Control Warden in the event of the animal's illness or death during quarantine. Wis. States. §95.21(5)(c)1. & 2.

(g) Records.

1. It shall be the duty of the Town Treasurer to keep, or cause to be kept, accurate and detailed records of the licensing of all dogs owned, harbored or kept in the Town of River Falls. He/she shall also keep accurate records of all monies belonging to the Town pursuant to this ordinance.

2. It shall be the duty of the Animal Control Warden to keep, or cause to be kept, accurate and detailed records of all impoundments and their dispositions, and all bite cases reported to him and his investigation of the same. A copy of the report shall be given to the Town Clerk.

3. All fees and fines shall be paid at the Town Treasurer or designated animal shelter during normal office hours. All checks and money orders shall be made payable to the Town of River Falls.

(h) Confinement of Certain Dogs.

1. Every female dog in "heat" shall be maintained in such a manner that such female dog cannot come in contact with another dog except for intentional breeding purposes.

(i) Investigation.

1. The Animal Control Warden shall cooperate and assist any law enforcement officer in the discharge of his duties with respect to dog control.

(j) Interference.

1. No person shall interfere with, hinder or molest the Animal Control Warden in the performance of the duties of his/her office or seek to release any dog in the custody of the Animal Control Warden.

LICENSES AND PERMITS 12.04(3)(a)(17)(4)(k)

(k) Organized Dog Fighting.

1. Organized canine or canine hybrid fighting is prohibited.

(l) Abandonment or Abuse of Dogs.

1. It shall be unlawful for anyone to knowingly abandon or abuse any dog. Each person who does abandon or abuse knowingly or willingly permits this abandonment or abuse or aids in the abandonment or abuse of any dog shall be in violation of this ordinance and shall be subject to the penalties as herein provided.

(m) Dangerous Dogs.

1. Dangerous dogs will not be allowed in the Town.

(n) Duties of all Dog Owners.

1. It shall be the duty of every owner of any dog or anyone having any dog in their possession or custody, to exercise reasonable care and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damage which might result from their dog's behavior, regardless of whether such behavior is motivated by mischievousness, playfulness, or ferocity.

2. It shall be the duty of every owner of any dog, or anyone having any dog in their possession or custody, to ensure that the animal is kept under restraint and that reasonable care and precautions are taken to prevent the dog from leaving, while unattended, the real property limits of it's owner, possessor or custodian.

3. It shall be the duty of the owner of any dog or anyone having a dog in their possession to keep the animal under restraint and control at all times while the animal is off the real property limits of the owner, possessor or custodian.

4. Failure to keep any dog confined or under restraint as provided for in this Section shall be unlawful and shall be punishable as herein provided.

(o) Penalties.

1. Owners of unlicensed dogs shall pay a penalty as provided in Chapter 25.04 plus cost of license. (Am. 10/2/00)

LICENSES AND PERMITS 12.04 (3)(a)(17)(4)(p)

2. Any person who violates any provision of this Chapter shall be subject to a forfeiture penalty in an amount as set forth in Chapter 25.04 of this General Code. (Am. 10/2/00).

(p) Severability and Conflict.

1. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portions.

12.045 WILD ANIMALS. (Cr. 7/18/05 )

(1) PURPOSE AND INTENT.
It is the intent of this section to establish regulations which will allow the keeping of wild animals with a wild animal license. The Town recognizes that wild animals require special handling to assure that the health, safety and welfare of the public is protected and all land use conflicts are minimized.

(2) RULES AND DEFINITIONS.

Rules. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:
1. Words used in the present tense shall include the future; words in the singular shall include the plural and the plural the singular.
2. "Shall" is mandatory and not discretionary and "may" is permissive.

Definitions. For the purposes of this chapter the terms shall have the following given meanings:
At large. A wild animal that is outside of its secondary enclosure, or when the wild animal is outside of its primary enclosure but within its secondary enclosure and not in the presence of the owner.
Board. The Town Board of the Town of River Falls.
Dwelling. A building or portion thereof designed or used exclusively for residential occupancy.
LICENSES AND PERMITS 12.045(2)

Handling. Feeding, manipulating, transporting, restraining, treating, training, working or performing any similar activity with respect to a wild animal.
Impound. To seize and hold in legal custody.
Keeping of wild animals. Possessing and handling a wild animal on any property and providing such an animal with the necessities of life, such as feeding and sheltering. The keeping of wild animals may include animals being used or intended to be used for research, training, breeding, boarding as a personal pet or for agricultural purposes. The keeping of a wild animal may also include wild animals intended to be used for exhibition providing that such animals are not exhibited within the city, such as in the case of a public showing, circus or zoo.
Livestock. A typical farm animal kept for agricultural use, pleasure or profit including, but not limited to, horses, mules, sheep, goats, cattle, bison, swine, fowl, rabbits and mink.
Lot. A tract, plat or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
Owner. A person who keeps a wild animal or the parents or guardians of such a person under eighteen (18) years of age.
Person. An individual, partnership, firm, joint stock company, corporation, association, unincorporated association of individuals, trust, estate or other legal entity.
Portable primary enclosure. The portable structure used to confine a wild animal in a secure manner which prevents the running at large of a wild animal during transportation or temporarily confining such an animal during handling.
Restraint. A wild animal which is within a primary enclosure or within a secondary enclosure in the presence of the owner or within a vehicle specially equipped for transportation of wild animals.
Secondary enclosure. A structure such as a fence, wall or building which entirely encloses the area in which the primary enclosures, exercise facilities and training facilities are located and all handling activities occur. Such secondary enclosure serves to contain a wild animal from running at large and to prevent any unauthorized public access.
Structure. Anything constructed or erected the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground, such as a fence, wall or building.
Town. The Town of River Falls.
LICENSES AND PERMITS 12.045(2)

Wild animal. A mammal, a large or poisonous reptile and a bird which, in their uncaptured wild state, have the physical capacity to be dangerous to the safety and welfare of any person or property. Examples of such wild animals are, but are not limited to: ferrets, bears, lions, wolves, coyotes, cougars, tigers, panthers, monkeys, apes, alligators and crocodiles, large snakes (greater than six feet in length) and poisonous snakes, excluding dogs, cats, other traditional house pets and livestock. Reducing such mammals, reptiles and birds to captivity, whether trained, raised or bred in captivity or otherwise considered domesticated in any manner, shall not remove such wild animals from these requirements and regulations.

(3) GENERAL REQUIREMENTS.

a. Prohibition. No person shall keep a wild animal unless such a use is specifically permitted by this section and all regulations are complied with.

b. Regulations.
1. Enclosures.
a. A wild animal shall be confined, sheltered and fed in a primary enclosure contained entirely within a secondary enclosure.
b. All such primary and secondary enclosures shall meet minimum requirements of structural soundness and security as deemed satisfactory by the Town. All primary and secondary enclosures shall be:
Constructed of steel bar, link, wire or other suitable material of sufficient strength to contain the proposed animal;
Adequately braced and securely anchored at ground level;
Constructed such as to prevent a wild animal from digging out from under the enclosure;
Key or combination locked to prevent unauthorized entrance;
Located so that all access to primary enclosures must be from within the secondary enclosure;
Adequately signed to notify the public of the presence of wild animals and the danger which exists.


LICENSES AND PERMITS 12.045(3)

2. Transportation. The transportation of a wild animal outside of the secondary enclosure shall be in a vehicle specially equipped for the transportation of wild animals and a portable primary enclosure as approved by the Town.

3. Running at Large.
a. It shall be prohibited for a wild animal to run at large.
b. A wild animal shall be under the restraint of its owner.
c. Tools for capturing wild animals shall be readily accessible, such as traps, firearms, tranquilizing guns and nets.

4. Sanitation and Health.
a. The lot on which a wild animal is kept shall be maintained in
a clean, sanitary and neat manner.
b A wild animal shall be maintained in a healthy state so as to prevent the
transmittal of disease to other animals or persons.
c. All animal waste shall be properly and timely disposed of.

5. Zoning and Lot Requirements. All zoning ordinance regulations shall be complied with.

(4) LICENSE.

A. Prohibition. No person shall keep a wild animal unless a wild animal license has been approved by the Town for that person and that activity in accordance with this chapter.

B. Submittal of Application. The application for a wild animal license shall include the following:
1. Five copies of the completed application form.
2. Five copies of a letter explaining in detail the proposed use and addressing regulations in subpar. (3) (b) 1 above and the review criteria in par. (e) below.
3. Five copies of an accurate site plan drawn to scale or survey of the lot on which
LICENSES AND PERMITS 12.045(4)

the proposed use would occur and the adjacent lots showing:
a. Lot dimensions.
b. Location, size and configuration of the area proposed to be used for the keeping of wild animals, including all existing and proposed buildings, structures and enclosures.
c. Setbacks from front lot line, side lot lines and rear lot line and distances from neighboring dwellings, pastures, barns and corrals.
d. Vegetation and terrain features, such as steep slopes, wetlands, woods and any natural and proposed screening or landscaping.

e. Driveways, public and private roadways, parking and loading areas.

f. Easements for roads, access, open space, views and utilities.
g. Location of well and septic.

h. The Town reserves the right to require a certificate of survey as found necessary.

4. Two copies of all permits required from the Wisconsin Department of Natural Resources, United States Department of Agriculture, United States Fish and Wildlife and any other governmental agency having jurisdiction.

5. Two copies of the owner's qualifications, list of professional references and any other background materials as required by the Board.
6 Payment of application fee and miscellaneous fees as established from time to time by Resolution of the Board.

7. Two copies of building plans for primary and secondary enclosures;

8. Any additional information found necessary by the Board.

C. Application Deadline. A completed application for a wild animal license shall be submitted no later than fifteen (15) days before the next regularly scheduled Board meeting at which it shall be considered.

D. Review by Board.
1. Upon submittal of a completed application, the Board shall schedule a public hearing at the next regularly scheduled meeting. The Town Zoning Administrator shall receive a copy of the application and forward any recommendations to the Board who shall then review the application and Town staff comments The Board shall then approve, approve with modifications or deny the application for a wild animal license by
LICENSES AND PERMITS 12.045(4)(D)(2)
resolution which shall set forth in detail any conditions and restrictions to which the approval is subject or reasons for denial.

2. A wild animal license shall not be issued unless the application for such license is accompanied by the written approval thereof by the occupants of all privately owned real estate abutting the premises on which such license is to be located or unless the applicant's property is 700 feet or more from any adjacent owner's property line. Approval of abutting property owners is necessary only for the initial licensing.
3. If a renewal of a wild animal license is being applied for with no changes from the wild animal license issued by the Town for the previous year, the Clerk may place the application for the renewal of a wild animal license on the agenda of the next Board meeting and may waive the need for a public hearing as provided in subpar. (4) (h).
E. Review Criteria. In acting upon an application for a wild animal license, the Town shall consider the following criteria. The applicant shall prove that the use as proposed in the wild animal license application would not result in any detrimental effects.
1. Surrounding land uses.

2. Structural soundness and security of all primary and secondary enclosures.

3. Design, size, location and configuration of all primary and secondary enclosures.
4. Maintenance of the primary and secondary enclosures and all other structures and areas used in relation to the keeping of any wild animal.
5. Nuisances, such as noise and odors.
6. Aesthetics, including the appearance of the lot and structure where a wild animal is kept.
7. Compliance with the Town Zoning Code and other Town ordinances.
8. Regulations of the Wisconsin Department of Natural Resources, United States Department of Agriculture, United States Fish and Wildlife or any other governmental agency.

LICENSES & PERMITS 12.045(E)(9)
9. Nature and characteristics of each type of animal being proposed, such as its size, strength, disposition and its ability to harm a person or property.
10. Present or past history relevant to maintaining wild animals either locally or not.
11. Other criteria found relevant by the Town.

F. Conditions of Approval. In approving an application for a wild animal license, the Town may attach conditions and restrictions as it finds necessary including, but not limited to, the following:
1.Restrictions on the number and type of animals.
2. Setbacks greater than those otherwise required under the Zoning ordinance for uses and structures located in the District within which the primary and secondary enclosures are located.
3. Minimum and maximum distance between primary and secondary enclosures.
4. Minimum height of enclosures.
5. Size of the enclosures.

G. Expiration. The wild animal license shall expire twelve (12) months from the date of issuance.

H. Renewal of License. Applications for renewal of a wild animal license shall be made a minimum of fifteen (15) days before the next regularly scheduled Board meeting. The Town may require an inspection upon renewal of a wild animal license and shall reserve the right to have such inspection performed by an approved qualified consultant. Where the application requests or proposes any changes in the condition of the license the applicant must comply fully with the regulations contained in subpar. (3) and (4).

(5) FEES. The applicant for a wild animal license shall pay an application fee as per the fee schedule adopted from time to time by Resolution of the Board. The applicant shall also pay for any costs or expenses incurred by the Town during the processing and reviewing of the application which exceed the application fee. Such expenses shall include, but are not limited to, consultants and other professionals and the cost of printing, mailing and supplies. Such fees shall become due and payable immediately upon notification by the Town. The Board may require an advance deposit to cover such anticipated expenses before incurring the expenses or reviewing the application. The Town shall provide upon the request of the applicant a breakdown of the various expenses incurred by the Town. The Town may withhold any final action on an application for a wild animal license and/or rescind prior actions until all fees are fully paid.

LICENSES & PERMITS 12.045(6)

(6) INSPECTION AND REVOCATION OF LICENSES OR VARIANCES. The Town may at any time inspect the lot and structures where a wild animal is kept to determine if the license and the conditions and restrictions of that license are being strictly adhered to. The Town may require an inspection upon renewal of a wild animal license and shall reserve the right to hav such inspection performed by an approved and qualified consultant.
(7) UNLICENSED CURRENT USES. A person keeping wild animals within the Town upon the effective date of the adoption of this section who does not conform to the provisions of this chapter shall be given thirty (30) days to submit application for the necessary license or be deemed in violation of this section.
(8) ENFORCEMENT.
A. Impoundment. In addition to the penalties imposed in sub. (9), a person in violation of this chapter may be subject to having the wild animals in question impounded or destroyed. Owners in violation of this section will have ten (10) days to correct the violation and redeem a wild animal. The owner is responsible for all costs incurred by the Town to capture, keep or destroy a wild animal. If a wild animal is not redeemed, the city will dispose of such wild animal in any manner it deems necessary, such as, but not limited to, selling, destroying or donating to an appropriate organization or agency.

B. Rabies. A wild animal capable of transmitting rabies which has been known to have bitten a person shall be quarantined and observed for rabies under the direction of a licensed veterinarian for a period of time and in facilities determined to be adequate by that veterinarian and the Town. If a wild animal is proven to be rabid, the wild animal shall be destroyed. If a wild animal is proven to not be rabid by a licensed veterinarian, it will be returned to the owner.

C. Posing an Immediate Threat. The Town Chair or Animal Warden shall have the right to destroy a wild animal posing an immediate threat of serious harm to any person, livestock or house pet.

(9) PENALTY. A person who fails to comply with or violates provisions of this section or the restrictions of a wild animal license issued hereunder shall be subject to a forfeiture of not less than $250.00 and not more than $500.00 for each day the violation persists together with costs. Action may be taken at law or in equity to prevent and enjoin a violation of this section or the conditions or restrictions of a wild animal license to prevent unlawful construction, recover damages, restrain, correct or abate a violation and prevent illegal use of a lot. These remedies shall be in addition to the penalties described above.

(10) SEPARABILITY. Should any section or provision of this section be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this section as a whole or any parts thereof other than the parts so declared to be invalid.

12.05 MOBILE HOMES AND MOBILE HOME PARKS. (1) STATUTE
ADOPTED. (Am. #1988-2) The provisions of §66.058, Wis. States., and the definitions
Stats., and the definitions therein set forth are herewith adopted by reference. The term "space", as defined in the statutes is herein also further defined as being a plot of ground within a mobile home park designed for the accommodation of one mobile home unit, not less than 5,000 sq. ft. in area and not less than 40 ft. in width (width being its shortest dimension). In addition to any applicable statutory definition of mobile home adopted by reference hereunder, the term "mobile home", shall include and the restrictions and prohibitions concerning parking, location and use of same shall apply to any recreational vehicle, motor home, converted bus, van or automobile, pickup topper or pickup camper unit, tent trailer, pop-up trailer or other similar unit designed or modified or now so used to provide shelter or sleeping quarters for persons or animals and which unit was designed or modified or now so used for transportation upon highway or roadway, either as an independent unit, a unit to be towed by a motor vehicle or a unit attached to a motor vehicle.

LICENSES AND PERMITS 12.05(10)

(10) REVOCATION AND SUSPENSION. The Town Board is hereby authorized to revoke any license or permit issued under the terms of this section.

(11) NOTICE OF HOMES ADDED. Licensees of mobile home parks and owners of land on which are parked any occupied, nonexempt mobile homes shall furnish information to the Town Clerk and the Town Assessor on such homes added to their park or land within five (5) days after arrival of such homes on forms furnished by the Town Clerk in accordance with §66.058(3)(c) and (e), Wis. Stats.

12.06 DEALERS OF USED, WRECKED AND JUNKED MOTOR VEHICLES. (1) REGULATED. No person shall establish or operate upon any property owned or controlled by him within the Town a second-hand motor vehicle establishment, wrecking establishment or conduct motor vehicle junking without having first secured a license therefor from the Town Board and each license shall expire one year from the date of issuance.

(2) MAINTAINING PREMISES. Each of the premises upon which the business of junk dealer is to be carried on shall be enclosed by a solid, painted fence or other structure not less than 7' in height, constructed so that no dust or other material may pass through. Such enclosure shall be maintained in good condition at all times. No articles shall be piled so as to protrude above such enclosures.

12.07 SIGN REGULATIONS. (Rn. to §17.13 10/19/98)


12.08 NON-METALLIC MINING. (Cr. 9/15/03) (1) PURPOSE. The purpose of this chapter is to establish a local program to ensure the effective reclamation of nonmetallic mining sites on which nonmetallic mining takes place in the Town of River Falls after the effective date of this chapter, in compliance with Chapter NR 135, Wisconsin Administrative Code and Subchapter 1 of §295, Wis. Stats.

(2) STATUTORY AUTHORITY. This chapter is adopted under authority of §295.14(1), Wis. Stats., Section NR 135.32, Wisconsin Administrative Code, and §60.22, Wis. Stats.

LICENSE AND PERMITS 12.08(3)

(3) RESTRICTIONS ADOPTED UNDER OTHER AUTHORITY. The purpose of this chapter is to adopt and implement the uniform statewide standards for nonmetallic mining required by §295.12(1)(a), Wis. Stats. and contained in Chapter NR 135, Wisconsin Administrative Code. It is not intended that this chapter repeal, abrogate, annul, impair or interfere with any existing rules, regulation, ordinances or permits not concerning nonmetallic mining reclamation previously adopted pursuant to other Wisconsin law.

(4) INTERPRETATION. In their interpretation and application, the provisions of this chapter shall be held to be the applicable requirements for nonmetallic mining reclamation and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes outside the reclamation requirements for nonmetallic mining sites required by subchapter 1 of §295, Wis. Stats. and Chapter NR 135, Wisconsin Administrative Code. Where any terms of this chapter may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this chapter is required by Wisconsin Statutes, or by a standard in Chapter NR 135, Wisconsin Administrative Code, and where the provision is unclear, the provision shall be interpreted to be consistent with the Wisconsin Statutes and the provisions of Chapter NR 135, Wisconsin Administrative Code.

(5) SEVERABILITY. Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.

(6) APPLICABILITY. (a) Overall Applicability. The requirements of this chapter apply to all operators of nonmetallic mining sites within the Town of River Fall operating on or commencing to operate after August 1st, 2001 and as provided in Section NR 135.02(1) and (2), Wisconsin Administrative Code.

(b) Exemptions. This chapter does not apply to the exempt activities listed in Section NR 135.02(3), Wisconsin Administrative Code.

(7) ADMINISTRATION. The provisions of this chapter shall be administered by the Town Board.

(8) EFFECTIVE DATE. The provisions of this chapter shall take effect on September 15, 2003.

(9) DEFINITIONS. All definitions for the purposes of this chapter are those contained in Section NR 135.03, Wisconsin Administrative Code.

LICENSES & PERMITS 12.08(10)

(10) STANDARDS. All nonmetallic mining sites subject to this chapter shall be reclaimed in conformance with the standards contained in Subchapter II of Chapter NR 135, Wisconsin Administrative Code.

(11) NONMETALLIC MINING RECLAMATION PERMIT APPLICATION. (a) Required Submittal. The operator of all nonmetallic mining sites that operate on or after August 1st, 2001, shall apply for a reclamation permit from the Town of River Falls. All reclamation permit applications under this section shall be accompanied by the information required by Section NR 135.18(3), Wisconsin Administrative Code.

(b) New Mines. The operator of any nonmetallic mine site that engages in or plans to engage in nonmetallic mining that will operate after August 1st, 2001 shall submit an application that meets the requirements of Sections NR 135.18(2), Wisconsin Administrative Code and the submittals required under (11)(a) to the Town Clerk prior to beginning operations. This application shall be accompanied by a plan review fee as specified in (11)(a).

(12) RECLAMATION PLAN. (a) Reclamation Plan Requirements. All operators of nonmetallic mining sites subject to this chapter shall prepare and submit a reclamation plan that meets the requirements of Section NR 135.19, Wisconsin Administrative Code.

(b) The operator of any nonmetallic mining site that applies for a permit in conformance with (11)(c) shall submit the reclamation plan required by (12)(a) with its application for a reclamation permit.

(c) Existing Plans and Approvals. To avoid duplication of effort, the reclamation plan required by (12)(a) may, by reference, incorporate existing plans or materials that meet the requirements of this chapter.
(e) Approval of Reclamation Plan. The Town of River Falls shall approve, conditionally approve, or deny the reclamation plan submitted under this section in writing as part of permit issuance pursuant to (15)(b)for existing mines and (15)(d). Conditional approvals of reclamation plans shall be made according to (15)(g). The operator shall keep a copy of the reclamation plan required by this section, once approved by the Town Board under this chapter, at the mine site or, if not practicable, at the operator's nearest office or place of business. Such approval shall be reviewed by the Town Engineer for his/her recommendation.

(13) FINANCIAL ASSURANCE. (a) Financial Assurance Requirements. All operators of nonmetallic mining sites in the Town of River Falls shall prepare and submit a proof of financial assurance of successful reclamation that meets the requirements of Section 135.40, Wisconsin Administrative Code.
LICENSES & PERMITS 12.08(13)(b)

(b) The operator of any nonmetallic mining site that applies for a reclamation permit in conformance with (11)(c) shall submit the proof of financial assurance required by (13)(a) as specified in the reclamation permit issued to it under this chapter.

(c) Public Nonmetallic Mining. The financial assurance requirements of this section do not apply to nonmetallic mining conducted by the State of Wisconsin, a state agency, board, commission or department, or a municipality.

(14) PUBLIC NOTICE AND RIGHT OF HEARING. (a) The Town of River Falls shall provide public notice and the opportunity for a public informational hearing as set forth in Section NR 135.20(1) and (2), Wisconsin Administrative Code for any nonmetallic mining site for which a complete reclamation permit application that satisfies sub. (11)(c) is received.

(b) Local Transportation-related Mines. No public notice or informational hearing is required for a nonmetallic mining reclamation permit issued to a local transportation-related mine pursuant to (15)(e).

(15) ISSUANCE OF A NONMETALLIC MINING RECLAMATION PERMIT. (a) Permit Required. Every operator of a nonmetallic mining site in the Town of River Falls who engages in or plans to engage in nonmetallic mining after September 1st, 2001, shall obtain a reclamation permit issued under this section, except nonmetallic mining sites exempt from this chapter as provided in (6)(b). No person may engage in nonmetallic mining or nonmetallic mining reclamation after September 1st, 2001, without a reclamation permit issued pursuant to this chapter.

(b) Permit Issuance. Applications for reclamation permits for nonmetallic mining sites that satisfy (11)(c) shall be issued a reclamation permit or otherwise acted on as provided in Section NR 135.21(2), Wisconsin Administrative Code. The permit shall require compliance with a reclamation plan submitted by the applicant that conforms with (12)(c), and provision by the applicant of financial assurance that conforms with (13)(c) payable to the Town of River Falls prior to beginning mining.

(c) Automatic Permit for Local Transportation-related Mines. The Town Board shall issue an automatic permit under this subsection for any borrow site operated to provide material for a locally-administered transportation project that meets the criteria in Section NR 135.23(1)(a), Wisconsin Administrative Code. This automatic permit shall be issued according to the provisions of Sections NR 135.23(1)(b) through (i), Wisconsin Administrative Code.
LICENSES & PERMITS 12.08(15)(d)

(d) Expedited Review. Any operator of a nonmetallic mining site may obtain an expedited review of a reclamation permit application by paying the expedited review fee specified in (24)(b). The expedited review shall be carried out according to the provisions of Section NR 135.23(2), Wisconsin Administrative Code. Such expedited review shall not waive, shorten or otherwise affect the public notice and right of hearing pursuant to (14).

(e) Permit Conditions. Permits issued under this section may include conditions as provided in Section NR 135.21(3), Wisconsin Administrative Code. One required condition shall be that mines shall obtain financial assurance prior to beginning mining pursuant to Section NR 135.40, Wisconsin Administrative Code.

(16) PERMIT DENIAL. An application for a nonmetallic mining reclamation permit shall be denied if any of the factors specified in Section NR 135.22, Wisconsin Administrative Code exist.

(17) ALTERNATIVE REQUIREMENTS. (a) Scope of Alternative Requirements Approvable. An operator of a nonmetallic mining site may request an alternative requirement to any reclamation standard established in (10). Such a request may be made only on the basis of the criteria set forth in Section NR 135.26(1), Wisconsin Administrative Code.

(b) Procedures. The operator of a nonmetallic mining site requesting an alternate requirement in (17)(a) shall demonstrate all the criteria in Section NR 135.26(1), Wisconsin Administrative Code. This shall be submitted in writing to the Town Board.

(c) Transmittal of Decision on Request for Alternate Requirements. The decision on a request for alternative reclamation requirements shall be in writing to the applicant and shall include documentation of why the alternative requirement was or was not approved.

(d) Notice to Wisconsin Department of Natural Resources. The Town Board of River Falls shall provide notice to the Wisconsin Department of Natural Resources as provided in Section NR 135.26(3)(a), Wisconsin Administrative Code.

(18) PERMIT DURATION. A nonmetallic mining reclamation permit issued under this chapter shall last through operation and reclamation of the nonmetallic mining site, unless suspended or revoked pursuant to (30)(b), or as

LICENSES & PERMITS 12.08(18)

limited under Section NR 135.27, Wisconsin Administrative Code where the mine operator is not the landowner.

(19) PERMIT TRANSFER. A nonmetallic mining reclamation permit issued under this chapter shall be transferred to a new owner or operator upon satisfaction of the conditions in Section NR 135.28, Wisconsin Administrative Code.

(20) REVIEW. Any permitting decision or action made by Town of River Falls under this chapter may be reviewed as set forth in Section NR 135.30, Wisconsin Administrative Code.

(21) PERMIT MODIFICATION. (a) By the Town of River Falls. A nonmetallic mining reclamation permit issued under this chapter may be modified by Town Board if is finds that, due to changing conditions, the nonmetallic mining site is no longer in compliance with this chapter. Such modification shall be by an order conforming with the procedures in (30) and as provided in Section NR 135.24(1), Wisconsin Administrative Code.

(b) At the Operator's Option. If operator of any nonmetallic mine that holds a reclamation permit issued under this chapter desires to modify such permit or reclamation plan approved under this chapter, it may request such modification by submitting a written application for such modification to the Town Clerk. The application for permit or plan modification shall be acted on using the standards and procedures of this chapter.

(c) Required by the Operator. The operator of any nonmetallic mine that holds a reclamation permit issued under this chapter shall request a modification of such permit is required under the circumstances set out in Section NR 135.27, Wisconsin Administrative Code. Such application for permit modification shall be acted on using the standards and procedures of this chapter.

(d) Review. All actions on permit modifications requested or initiated under this section are subject to review under (20).

(22) PERMIT SUSPENSION OR REVOCATION. (a) Grounds. Town of River Falls Board may suspend or revoke a nonmetallic mining reclamation permit issued pursuant to this chapter if it finds any of the grounds listed in Section NR 135.25(1), Wisconsin Administrative Code.

(b) Procedures. If the Town of River Falls finds grounds for suspending or revoking a nonmetallic mining reclamation permit set forth in (23)(a), it may issue a special order suspending or revoking such permit as set forth in (30)(b).
LICENSES & PERMITS 12.08(22)(c)
(c) Consequences. The consequences of a reclamation permit suspension or revocation order under (22)(b) shall be as set forth in Sections NR 135.25(2) and (3), Wisconsin Administrative Code.
(23) ANNUAL OPERATOR REPORTING. (a) Contents and Deadline. Annual reports shall be submitted by the operators of nonmetallic mining sites that satisfy the requirements of Section 135.36, Wisconsin Administrative Code. These reports shall be for reclamation during a calendar year, and submitted in writing within 60 days of the end of each calendar year to the Town Clerk on forms provided. Annual reports shall be submitted until reclamation at each nonmetallic mining site is certified as complete under (27)(c).

(b) Inspection in Lieu of Report. The Town Board may, at its discretion, obtain the information required in (23)(a) by written documentation of an inspection it completes during a calendar year, as set forth in Section NR 135.36(4), Wisconsin Administrative Code.

(c) Retention of Annual Reports. Annual reports submitted under this section or inspection records that replace them shall be retained by the Town Clerk for at least 10 years after the calendar year to which they apply. These records, or accurate copies of them, shall be made available to the Wisconsin Department of Natural Resources upon written request or during its inspection or audit activities carried out pursuant to Chapter NR 135, Wisconsin Administrative Code.

(24) PLAN REVIEW FEES (a) Amount and Applicability. A person who intends to operate a nonmetallic-mining site for which a permit application has been submitted under (11)(c) shall submit a non-refundable plan review fee as set by the Town Board from time to time. No plan review fee may be assessed under this section for any nonmetallic mine site for which an application for an automatic reclamation permit is submitted that meets the requirements of (11)(b) or for any local transportation related mine issued an automatic permit under (15)(e). A separate plan review fee shall be paid under this section for any modification to an existing reclamation plan submitted pursuant to (21).

(b) Expedited Plan Review Fee. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under (11)(c) may obtain expedited reclamation plan review by paying a fee as set by the Town Board from time to time. Such fee shall be in addition to that required in (24)(a).

(c) Relation to Annual Fee. Any reclamation plan review fee or expedited reclamation plan review fee collected under this section shall be added to and collected as part of the first annual fee collected under (25).
LICENSES & PERMITS 12.08(25)

(25) ANNUAL FEES. (a) Areas Subject to Fees, Procedures and Deadline. Operators of all nonmetallic mining sites subject to reclamation permits issued under this chapter to the Town of River Falls. Fees paid under this section shall include both a share for the Wisconsin Department of Natural Resources under (25)(b) and a share for the Town of River Falls under (25)(c) that equals as closely as possible the costs of examination and approval on nonmetallic mining reclamation plans and the inspection of nonmetallic mining reclamation sites. These fees shall be calculated based on amount of unreclaimed acres of each site, as defined in Section NR 135.39(1), Wisconsin Administrative Code and according to its provisions. Such fees apply to a calendar year or any part of a year in which nonmetallic mining takes place, until final reclamation is certified as complete under (27). Fees shall be paid no later than December 31 before the year for which they apply.

(b) Wisconsin Department of Natural Resources Share of Fee. Fees paid under this section shall include a share for the Wisconsin Department of Natural Resources equal to the amount specified in Section NR 135.39(3), Wisconsin Administrative Code. For sites on which no nonmetallic mining has taken place during a calendar year, fees to be paid under this section for the following year shall be the current fee as required by DNR.

(c) Town of River Falls Fees. Fees will be as set by the Town Board from time to time.

(26) REGULATORY REPORTING AND DOCUMENTATION. (a) Reporting. The Town Board shall send an annual report to the Wisconsin Department Resources including the information required by Section NR 135.37, Wisconsin Administrative Code.

(b) Documentation. The Town Board shall, to the best of its ability, maintain the information set forth in Section NR 135.47(3), Wisconsin Administrative Code, and make it available to the Wisconsin Department of Natural Resources for that agency's audit of the Town of River Falls' reclamation program pursuant to Section NR 135.47, Wisconsin Administrative Code.

(27) COMPLETED RECLAMATION - REPORTING, CERTIFICATION AND EFFECT. (a) Reporting. The operator of a nonmetallic mining site may certify completion of reclamation for a portion or all of the nonmetallic mining site pursuant to a reclamation plan prepared and approved pursuant to this chapter and Chapter NR 135, Wisconsin Administrative Code. Such certification to be filed with the Town Clerk on forms provided.

LICENSES & PERMITS 12.08(27)(b)

(b) Reporting of Interim Reclamation. The operator of a nonmetallic mining site may report completion of interim reclamation as specified in the reclamation plan for the site prepared and approved pursuant to this chapter and Chapter NR 135, Wisconsin Administrative Code. Reporting of Interim reclamation shall be done according to the procedures in (27)(a).

(c) Certification of Completed Reclamation. The Town Board shall inspect a nonmetallic mining site for which reporting of reclamation or interim reclamation has been submitted pursuant to this subsection within 60 days of receipt, and make a determination in writing in accordance with Section NR 135.40(7)(c), Wisconsin Administrative Code. If it is determined that interim or final reclamation is complete, including revegetation as specified in a plan that conforms with (12), the Town Board shall issue the mine operator a written certificate of completion.

(d) Effect of Completed Reclamation. If reclamation is certified by the Town Board as complete under (27)(c) for part or all of a nonmetallic mining site, then:

1. No fee shall be assessed under (25) for the area so certified.

2. The financial assurance required by (13) shall be released.

3. For sites which are reported as interim reclaimed under (27)(b), and so certified under (27)(c), financial assurance for reclaiming the certified area shall be reduced.

(e) Effect of Inaction Following Report of Completed Reclamation. If no written response as required by (27)(c) for an area of the mine site reported as reclaimed or interim reclaimed is given within 60 days of receiving such request, any annual fee paid to the Town of River Falls Board for it under (25) shall be refunded.

(28) PERMIT TERMINATION. When all final reclamation required by a reclamation plan conforming to (12) and required by this chapter is certified as complete pursuant to (26), the Town of River Falls Board shall issue a written statement to the operator of the nonmetallic mining site, thereby terminating the reclamation permit.

(29) RIGHT OF ENTRY AND INSPECTION. For the purpose of ascertaining compliance with the provisions of Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, or this chapter, any authorized officer, agent, employee or representative of the Town
LICENSES & PERMITS 12.08(29)

Board may inspect any nonmetallic mining site subject to this chapter as provided in Section 295.17(1), Wis. Stats. and Section NR 135.42, Wisconsin Administrative Code.

(30) ORDERS AND CITATIONS. (a) Enforcement Orders. The Town Board may issue orders as set forth in Section 295.19(1)(a), Wisconsin Statutes to enforce Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, this chapter, a permit issued pursuant to this chapter or a reclamation plan required by (12) and a permit issued under this chapter. A violation of this chapter, an order or permit issued pursuant to this chapter or a reclamation plan required by (12) and a permit issued under this chapter shall be considered a violation of Subchapter I of Chapter 295, Wisconsin Statutes and Chapter NR 135, Wisconsin Administrative Code.

(b) Special Orders. The Town Board may issue a special order as set forth in Sections 295.19(1)(b) and (c), Wisconsin Statutes suspending or revoking a nonmetallic mining reclamation permit pursuant to (22), or directing an operator to immediately cease an activity regulated under Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code or this chapter until the necessary plan approval is obtained.

(c) Review of Orders. An order issued under (30)(a) or (b) may be reviewed as provided in Section NR 135.43(2), Wisconsin Administrative Code.

(d) Citations. The Town of River Falls Board may issue a citation under s. 66.119, Stats. to collect forfeitures or require any action needed to enforce Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, this chapter, a permit issued pursuant to this chapter or a reclamation plan required by (12) and a permit issued under this chapter. The issuance of a citation under this subsection shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.

(e) Enforcement. The Town Board may submit any order issued under (30) to the district attorney, the corporation counsel, the municipal attorney or the attorney general for enforcement as provided in §295.19(1)(d), Wis. Stats.

(31) PENALTIES. Any violation of Subchapter I of §295, Wis. Stats., Chapter NR 135, Wisconsin Administrative Code, this chapter, a permit issued pursuant to this chapter or a reclamation plant required by (12) and a permit issued under this chapter may result in forfeitures as provided in Section 295.19(3), Wisconsin Statutes and the Town Board.
LICENSES & PERMITS 12.08(31)

Section 2: This Ordinance shall take effect upon passage and posting.

12.10 PENALTY. In addition to the revocation, suspension or nonrenewal of any license issued under this chapter, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in §25.04 of this General Code.

CHAPTER 14

BUILDING CODE

14.01 Title
14.02 Purpose
14.03 Scope
14.04 Building Inspector
14.05 Building Permits and Inspection
14.08 Issuance of Permits
14.09 Health and Sanitary Provisions
14.11 Moving Building
14.27 Application of State Codes
14.28 Fees
14.30 Penalty
14.31 Nonassumption of liability

BUILDING CODE 14.01

14.01 TITLE AND AUTHORITY. This Chapter shall be known and referred to as the "Building Code of the Town of River Falls". The regulations are adopted under the authority granted by §101.65, Wis. Stats.

14.02 PURPOSE. The purpose of this Chapter is to promote the general health, safety and welfare and to maintain required local uniformity with the administrative and technical requirements of the Wisconsin Uniform Dwelling Code.

14.03 SCOPE. (Am. 1/17/05) (1) INCLUSIONS. (a) The scope of this Chapter includes, but is not limited to, the construction and inspection of one and two-family dwellings built since June 1, 1980. This Chapter applies to, and a permit and a preliminary site inspection is required for construction relating to agricultural outbuildings such as, but not limited to, barns, sheds, and corn cribs. New buildings erected in or any building moved within or into the Town shall conform to all the requirements of this Chapter, except as they are herein specifically exempted from part or all of its provisions. The provisions of this Chapter apply to any alteration, enlargement or demolition of an existing building and any installation therein of electrical, gas, heating, plumbing or ventilating equipment which affects the health or safety or the users thereof or any other persons in a "new building" to the extent of such change. Any existing building shall be considered a "new building" for the purpose of this Chapter whenever it is used for dwelling, commercial, industrial or agricultural purposes unless it was being used for such purposes at the time this Chapter was enacted. (Am. 1/17/05)

(b) Wisconsin Uniform Dwelling Code Adopted. The Wisconsin Uniform Dwelling Code, Chs. Comm 20-25 of the Wisconsin Administrative Code, and all amendments thereto, is adopted and incorporated by reference and shall apply to all buildings within the scope of this Chapter.

(c) (Cr. 11/18/96) All site plans must be approved by the Plan Commission and the Town Board under §17.035.

(2) (Cr. 8/15/94) No permit shall be issued for any building located or to be located in a wetland area as defined in Chapter 20 without first obtaining a permit from the Town Board under Chapter 20.

BUILDING CODE 14.04

14.04 Building Inspector. (1) (Am. 6/3/96) APPOINTMENT AND GENERAL POWERS. There is hereby created the position of Building Inspector, who shall administer and enforce this Chapter and shall be certified by the Division of Safety & Buildings, as specified by Wis. States, §101.66(2), in the category of Uniform Dwelling Code Construction Inspector. The Building Inspector shall possess the certification categories of UDC, HVAC, UDC Electrical, and UDC Plumbing. For these purposes the Building Inspector shall have the right at all reasonable times to enter buildings and premises. He/She shall have the power to pass upon any questions arising under the provisions of this Chapter relating to buildings, subject to conditions contained in this chapter. Any person interfering with the Building Inspector while in the performance of the duties prescribed in this Chapter shall be subject to a penalty as hereinafter provided. Any person feeling himself aggrieved by any order or ruling of the Building Inspector may within 20 days thereafter appeal from such order or ruling to the Town Board, such appeal to be in writing.

(2) DEPUTIES. With the consent of the Town Board he/she may appoint one or more person, who shall be certified with the same qualifications as required in 14.04(1), as deputy building inspectors and may delegate to them the above mentioned powers and duties; but such appointment shall not carry with it any increase in salary, wages or fees for inspection service.

(3) COMPENSATION. (Cr. 2/5/96) The Building Inspector shall be compensated for his services in an amount from time to time determined by the Town Board.

14.05 BUILDING PERMITS AND INSPECTION. (Am. 8/15/05) (1) PERMIT REQUIRED. No person shall, build, add onto, alter or move into the Town, any building within the scope of this Chapter, where the value of same is in excess, for a 12 month period, of the amount set by the Town Board from time to time, without first obtaining a building permit. The permit for such work must be obtained from the Board or its authorized agent. Any structural changes or major changes to mechanical systems that involve extensions shall require permits. The building permit must be issued by the Town Building Permit Issuer before any construction or excavation begins. Restoration or repair of an installation to its previous code-compliant condition as determined by the permit issuer is exempted from permit requirements. Re-siding, re-roofing, finishing of interior surfaces and installation of cabinetry are exempt from the permit requirements.

(2) APPLICATION. (Rep. & Recr. #1991-2) Application for a building permit or moving permit shall be made in writing on the form furnished by the permit issuer and shall state the name and address of the owner of the land and also the owner of the building, if different, legal description of the land on which the building is to be located, name and address of the designer and contractor, use to which the building is to be put and shall contain such other information as the Town may require.
BUILDING CODE 14.05(2)(a)

(a) Before approving issuance of a building permit by the permit issuer, the permit issuer shall first determine the application and proposed building complies with this Chapter and any applicable State or local laws or regulations. No permit shall be issued, unless the driveway or access road complies with §8.01 of this General Code. If a use permit is required under Chapter 17, the applicant must first obtain such permit as required.

(b) Building Permit Fees. Fees for building permits must be paid before issuance of the permit. Fees shall be paid in the amount established under §14.28 of this chapter.

14.08 ISSUANCE OF PERMITS. (1) PAYMENT OF FEES. All fees shall be paid to the Town Treasurer. The building permit issuer shall issue the owner or his agent a building permit. The permit issuer, shall be the person or persons, who are appointed and so designated from time to time by the Town Board.

(2) REVOCATION. (a) If the Building Inspector shall find at any time that §14.03(1)(b) is not being complied with and that the holder of the permit refused to conform after a written warning or instruction has been issued to him/her, he/she shall revoke the building permit by written notice posted at the site of the work. When any such permit is revoked, no person shall do any further work thereunder until the permit is reissued, excepting such work as the Building Inspector may order to be done as a

BUILDING CODE 14.08(2)(b)

condition precedent to the reissuance of the permit or as he may require for the preservation of human life and safety.

(b) No new building as defined in §14.03 shall be occupied or otherwise used prior to the issuance of a certificate of compliance.

(4) REPORT OF VIOLATIONS. All constables or other Town officers shall report at once to the Building Inspector any building, electrical or plumbing work which is being carried on without a permit as required by this chapter.

(5) RECORDS. The Building Inspectors shall keep a record of all permits, fees and inspections under this chapter and shall make annual report thereon to the Town Board.

14.09 HEALTH AND SANITATION PROVISIONS. No building not previously used for residential, commercial or industrial purposes shall hereafter be used for such purposes without first obtaining from the Building Inspector a certificate stating that the water supply and plumbing facilities contained therein or adjacent thereto are reasonably adequate to safeguard the health and welfare of the occupants and that the installation thereof complies with the provisions of this chapter and of all applicable laws and ordinances. No changes in the water or plumbing facilities of any existing building, whether in the form of addition, alteration or discontinuance thereof, which may substantially affect the adequacy of such facilities from the standpoint of health and sanitation, shall be made without first obtaining a similar certificate. No changes in the use or occupancy of existing buildings for dwelling, commercial or industrial purposes, the effect of which change is to increase substantially the amount or use or the number of persons using existing water and plumbing facilities, shall be permitted without first obtaining from the Building Inspector a certificate stating that the existing facilities are reasonably adequate to take care of the increased demand and to safeguard the health and welfare of the users.

14.11 MOVING BUILDING. (1) BOND REQUIRED. Before any building is moved within or into the Town, a moving permit must first be obtained from the permit issuer. Before a permit to move any building is granted, the party applying therefor shall give a bond in the sum of $1,000 with good and sufficient sureties to be approved by the Town Board, conditioned among other things that such party will save and indemnify judgments, costs and expenses which may in any way accrue against the Town and will save the Town harmless against all liabilities, judgments, costs and expense in consequence of granting of such permit.

BUILDING CODE 14.11(2)

(2) CONTENTS OF PERMIT; REGULATIONS. Every permit to move a building shall state all conditions to be complied with, designate the route to be taken and limit of time for removal. The removal of a building shall be continuous during all hours of the day and night, if the Town Board shall so order, until completed, with the least possible obstruction to thoroughfares. Lighted lanterns shall be kept in conspicuous places on all sides of the building during the night.

(3) INSPECTION AND REPAIR OF STREETS AND HIGHWAYS. Every person receiving a permit to move a building shall notify the Town Chairman of the date and time of the move. After the building has reached its destination the permittee shall report that fact to the Town Chairman or his representative. The Town representative shall inspect the streets and highways involved in the move before and after the building has been moved. If the removal of such building has caused any damage to the streets or highways, the Town shall repair the damage done to such streets and highways and hold the sureties of the bond given by the permittee responsible for the payment of the same.

(4) ADDITIONAL REQUIREMENTS. In addition to the foregoing, the following procedures and requirements shall also be complied with:

(a) Upon application for a moving permit being made, the permit issuer shall request a meeting of the Town Board to consider applications of moving permits which he has found comply in all respects with all other ordinances of the Town. The Town Board may, if it desires, hear the applicant for the moving permit in question and/or the owner of the lot on which it is proposed to locate the building in question, together with any other persons desiring to be heard, giving such notice of the hearing as the Town Board may deem sufficient. The Town shall in writing make or refuse to make the finding required by sub. (3) hereof and file such finding with the Town Clerk, who shall send a copy of it to the Building Inspector and the applicant.

(b) No such permit shall be issued unless it has been found by the Town Board after an examination of the application for the permit, which shall include exterior elevations of the buildings and accurate photographs of all sides and views of the same and in case it is proposed to alter the exterior of such building plans and specifications of such proposed alterations and after a view of the building proposed to be moved and of the site at which it is to be located, that the exterior architectural appeal and functional plan of the building to be moved or moved and altered will not be so at variance with either the exterior architectural appeal and functional plan of the buildings already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district established by Chapter 17 of this General Code, as to cause a substantial depreciation in the property values of such neighborhood within the applicable district. In case the applicant proposes to alter the exterior of such building after moving the same, he shall submit with his application papers complete plans and specifications of the proposed alterations.
BUILDING CODE 14.11(4)(c)

(c) Where the applicant proposes to move and alter a building, the Town Board shall designate a time within which the alterations must be completed and failure to complete the alterations shall be a violation of this chapter with each day that the alterations remain uncompleted as a separate violation.

(d) Upon receipt by the permit issuer from the Town Clerk of the finding of the Town Board approving the granting of the moving permit in question, the permit issuer shall issue the permit on the terms specified by the Town Board, upon the execution of the required forms and payment of the fee.

(e) (Am. 6/19/95) The Town Board shall set the moving permit fee.

(f) The moving permit shall be prominently displayed at all times on the building to be moved or to be moved and altered, until all conditions established by the Town Board have been complied with. The moving permit shall be good only for a period of six (6) months from the date of its issuance.

14.27 APPLICATION OF STATE CODES. The Building Code, Electrical Code and Plumbing Code of the State are hereby made by reference a part of this chapter and it shall be the duty of the Building Inspector to enforce the provisions thereof. Any violation of such codes or amendments thereto to this date shall constitute a violation of this chapter, whether unlawful building, alteration, installation, moving or construction involved is specifically covered by other provisions of this chapter or not and shall render the violator liable to the penalties contained herein.

14.28 FEES. (1) Fees for building permits shall be as established from time to time by resolution of the Town Board and on file in the office of the Town Clerk and the building permit issuer.

(2) FINES. (Cr. 9/3/96) If construction starts before the building permit is actually issued, then the fee for issuance of permits shall be the original fee plus a penalty of 4 times the fee as set forth in 14.28(1) above. This provision for charging building permit penalties in the event that construction is started prior to the time of issuance of the permit, is not intended in any way to modify or amend the provisions of Section 14.30 of this Chapter relating to penalties for violations thereof.

14.30 PENALTY. Any person violating any provisions of this chapter shall upon conviction thereof be subject to a penalty as provided in §25.04 of this General Code. In any such action the fact that a permit was issued shall not constitute a defense nor shall any error, oversight or dereliction of duty on the part of the Building Inspector and/or permit issuer constitute a defense.

BUILDING CODE 14.31

14.31 NONASSUMPTION OF LIABILITY. This chapter shall not be construed as assuming any liability on the part of the Town or any official or employee thereof for damages to anyone injured, for any property destroyed by any defect in any building or equipment or in any plumbing or electric wiring or equipment.

CHAPTER 17
ZONING CODE

1.   17.01               Interpretation, Purposes and Definitions           
2.         17.02               Districts
3. 17.03               General Provisions
4. 17.03(4)           Conditional Uses(Cr. 10/17/05)

17.035             Site Plan Approval  (Cr. 11/18/96; Rn.6/16/97)(Am. 9/2/03)
17.038             Towers (Cr. 10/19/98; Am. 6/17/02; Am. 7/5/05)
                 17.04               Residence District (R-1)
                 17.05               Residence and Planned Mobile Home Development
                                                          District (R-2)
                        17.055             Right to Farm (Cr. 2/6/06) (Am. 4/17/06)
                 17.06               Exclusive Agricultural District (A-1)
                 17.065             Agricultural Residential District (A-2) (Am. 10/19/98)
                 17.07               Commercial District (C-1) (Am. 10/19/98)
                 17.075             Large Scale Retail Development (Cr. 9/2/03)
17.08               Industrial District (IND)
17.085             Light Industry District (LI)  (Cr. 2/17/97)
                        l 7.09               Board of Appeals (Am. 10/19/98)
                   17.10               Changes and Amendments

1.               Zoning Administrator
2.               Erosion Control (Cr. 10/20/97, Revised on 7/21/03)

17.125             Clean Fill Sites (Cr. 12/7/98)
17.13               Sign Regulations (Rn. from 12.07 on 10/19/98)
17.14               Regulation of Adult Oriented Establishments (Cr. 10/17/05)
                   17.15               Violation and Penalties

ZONING CODE   17.01

            17.01   INTERPRETATION, PURPOSES AND DEFINITIONS.   (1)  MINIMUM REQUIREMENTS.   The provisions in this chapter shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the Town.

                (2)   ABROGATION.   It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easement, covenants or agreements between parties or with any rules, regulations or permits previously adopted or issued pursuant to laws provided, however, where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of a building or requires larger open spaces  than are required by other rules, regulations or permits or by easements, covenants or agreements, the provisions of this chapter shall govern.

            (3)   DEFINITIONS.  (Cr. # 1990-1)  

Accessory Building.   Any building, except the principal building or buildings on a lot.  In the case of a house and detached garage on a lot, the accessory building is the garage.

Area.  For purposes of determining minimum area requirements, “area” shall be the square footage of a parcel or lot exclusive of that potion thereof consisting of wetlands, floodplains, ponds, lakes, drainage ways, road rights-of-way and non-utility easements. (Am. 2/2/04)

Block.   A group of platted lots that is entirely bounded by a combination or combinations of streets, water bodies, subdivision boundaries or corporate limit lines.  Whenever a block is enlarged by succeeding subdivision acts, it shall only constitute one block.

Boarders or Roomers.   Any person who gets meals and/or a  room in a dwelling unit for pay or other consideration.

Duplex.  A residential building containing 2 dwelling units.

Dwelling.  Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants, provided that temporary housing as herein defined shall not be regarded as a dwelling.

Dwelling Unit.  Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

ZONING CODE   17.01(3)

Family.  A person living alone or 2 or more individuals who are related to each other by blood, marriage, adoption or legal guardianship living together as a single
house keeping unit and using common cooking facilities.  For purposes of this chapter, a group of not more than 5 persons not necessarily so related, but living together in a single living unit and using common cooking facilities, shall be considered equivalent to a single family.

Garage, Private.   An accessory building or space for the storage only of not more than 2 motor driven vehicles.

Garage, Storage.   Any building or premises used for storage only of motor driven vehicles and where no vehicle equipment, parts, fuel or oil are sold and where no vehicle exceeding 2 tons capacity shall be stored.

Kennel.   Any lot or premises on which 4 or more dogs of at least 4 months of age are kept.

Lot.   A parcel of land described in a recorded plat, certified survey map or deed.

Mobile Home.   That which is or was as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped and used primarily for sleeping, eating and living quarters or is intended to be so used and includes any additions, attachments, annexes, foundations and appurtenances.

Multiple Dwelling.  Any dwelling containing more than one dwelling unit.

Non-Farm Building.  A building or structure not used primarily for agriculture purposes, which is not an integral part of the agriculture operation, and does not contribute materially and substantially to the production of income as a result of agricultural use of the land upon which it is located. By way of example, but not otherwise intended to limit the definition, a barn, milking parlor, chicken coop, farrow shed and silo are considered farm buildings or structures. A pole shed used to store property, other than farm machinery used in agricultural production on the premises, or a garage or a dwelling is considered a non-farm building or structure. (Cr. 8/14/00)

Outlot – A parcel of land not to be used for building purposes, so designed on a plat or Certified Survey Map.

ZONING CODE   17.01(3)

Professional Home Offices.   Residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers,
registered land surveyors, lawyers, artists, teachers, authors, musicians or other recognized professions used to conduct their professions where the office does not
exceed one-half the area of only one floor of the residence and only one    nonresident person is employed.  (Cr. 7/18/94)

Rooming House.  Any dwelling containing one or more rooming units in which space is let by the owner or operator to 3 or more persons for pay or other consideration.  It is intended that cooperatives, communes or other nonchartered groups of people be included under this definition.

Rooming Unit.   Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

Rural Home & Family Occupation.   A gainful occupation conducted by members of the family only, and including not more than two full time equivalent employees not residents of the parcel, only on their property at which they reside, provided that no article is offered for sale on the property except as is produced by the occupation, or is reasonably related thereto, and that no sign other than one unlighted nameplate no more than six (6) sq. ft. is installed.” (Am. 7/18/94) (Am. 8/4/03).

Structure.   Anything constructed or erected having location on the ground.

Temporary Housing.   Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system on the same premises for more than 30 consecutive days.

1. Residence District (R-1).

1. Residence and Planned Mobile Home Development District  (R-2).

1. Exclusive Agricultural District (A-1).   (Am. #1990-1)

            (d)  Commercial District (C-1).

1. Industrial District (IND).

1. Light Industry. (LI)   (Am. 2/17/97)

1. Heavy Industrial.

1. Agricultural Residential District  (A-2)   (Cr. #1990-1)

            (2)   BOUNDARIES.   The boundaries of the above districts are hereby established as shown on the entitled, District Map, Town of River Falls, Pierce County, Wisconsin, which map is made a part of this chapter.  All notations and references shown on the district map are as much a part of this chapter as though specifically described herein.

            (3)   UNSUBDIVIDED PROPERTY.   In unsubdivided property, the district boundary lines shown on the district map shall be determined by use of the scale shown on such map.

1.             CONDITIONS AND GUARANTEES.  Prior to granting a permit for a conditional use, the Town Board may stipulate such conditions and restrictions upon the establishment, maintenance and operation of the conditional use as it may find necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards specified in 17.03(4)(c) above.  Establishment, maintenance and operation shall be construed to include, but shall not be limited to, landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, operational control, hours of operation, traffic circulation, deed restrictions, access restrictions, yard and parking requirements, insofar as the Town Board shall find same are necessary or desirable to fulfill the purpose and intent of this chapter.  The Board may also increase the required set-back and side yards; impose specifications concerning disposal of liquid or solid waste; impose natural or artificial screening requirements; require sureties; restrict or designate hours of operation; impose operational controls and regulations; require certain reclamation measures; require performance bonds and sureties; and, impose special inspection requirements.  The Board may assess the applicant additional fees to offset the cost of administration, monitoring and enforcing restrictions and conditions imposed.  The Board may consider past and present history of the applicant, in this Town and elsewhere, in connection with related and unrelated

                                                                                                            ZONING CODE 17.03(4)(e)

• activities, in determining whether the application shall be granted.  In all cases where a permit for conditional use is granted, the Town Board shall require such evidence and guarantees as it may deem necessary to ensure the conditions stipulated in connection therewith are being and will be complied with.
•  
•             COMPLIANCE.  Conditional uses shall comply with all other provisions of this chapter including lot width and area, yards, height, parking and loading.
•  
•             PERMIT ISSUANCE.  The Town Board may authorize the Zoning Administrator to issue a conditional use permit after review and public hearing, provided such uses are in accordance with the purpose and intent of this chapter.  Such permit shall be issued to a specific person, partnership or corporation for a specific property, and only for the uses stated in the permit.  The conditional use permit shall terminate upon sale of the property or business for which it was issued, and may not be transferred to another person or location without a new application, review, and public hearing.
•  
•             TIME PERIOD.  A conditional use permit shall allow the recipient to use the subject premises or structure in the manner conditionally permitted for such period as the Town Board may deem appropriate.  The period may be indefinite, subject to such periodic review as the Town Board may in its discretion deem appropriate. 
•  
•             REVIEW OF CONDITIONAL USES.  The Zoning Administrator shall from time to time conduct a review of the conditional use to insure all conditions set by the conditional use permit are being met.  Failure at any time by the permittee to adhere to the conditions set forth in the permit may result in a public hearing to determine whether the conditional use permit should be modified or cancelled.
•  
•             RESUBMISSION.  No application for a conditional use which has been denied wholly or in part by the Town Board shall be resubmitted for a period of one year from the date of said denial, except where substantial new evidence or proof of compliance with applicable conditions is demonstrated.
•  
•             USES.  In addition to the conditional uses permitted under the districts established under this Chapter, conditional uses may be granted in the following districts for the following specified uses:
1.                         Agricultural Residential District: A commercial use.
2.  
3.                         Commercial District: An agricultural, residential, or industrial use.

 

1. ZONING CODE 17.03(4)(k)(3)
2.  
3.                         Light Industrial District: A residential, commercial or agricultural use.”
4.  
5.              
6.  
7.                         17.03(5) SPECIAL USE PERMITS.  The Town Board, after investigation and public hearing by the Plan Commission, in addition to the uses which may be permitted under Section 17.065(6) may authorize the location of the uses specified herein in the districts specified, from which they would otherwise be excluded, provided the Town Board shall find the proposed location is appropriate or necessary in order to serve the public health safety, convenience or general welfare, and provided each such structure or use shall comply with all other regulations for the district in which it is proposed to be located.  The Town Board may attach reasonable conditions and safeguards to the Special Use Permit in order to protect the value of neighboring buildings or uses.
8.  



 

1.             PUBLIC AND SEMIPUBLIC USES.  The following special uses may be permitted:
2.            


1.                         Government and cultural uses such as administrative offices, fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums in all residential and business districts.
2.  
3.                         Utilities in all districts provided all principal structures and uses are not less than fifty (50) feet from any residential district lot line, and all utility structures are enclosed by a protection fence at least 8 feet high.
4.  



 

1.                         Public, parochial, private, preschool, elementary and secondary schools and churches in all residential, commercial and agricultural districts.
2.  
3.                         Hospitals and cemeteries in the Ag-residential districts provided all principal structures are not less than twenty five (25) feet from any lot line. 
4.  
5.                         Cemeteries in the Exclusive Ag district.
6.  


1.             APPLICATION FOR SPECIAL USE PERMIT.   The application for special use permit shall be filed with the Zoning Administrator.  The matter shall thereupon be referred to the Plan Commission for public hearing and recommendation.  The Town Board shall consider the recommendation of the Plan Commission before acting upon the application.  The hearing before the

                                                                                                            ZONING CODE 17.035(b)

 

            Board and Plan Commission shall be preceded by the notice required under §17.10.  The Zoning Administrator or Plan Commission may request the Town Engineer review any conditional or special use permit application or, after a permit has been issued, to review the conditional use or special use to determine compliance with the conditions under which it was issued. 

 

17.035  SITE PLAN APPROVAL  (Cr. 11/18/96; Rn. 6/16/97; Rn. 7/21/03) (1)(a)  A prerequisite for issuance of a permit for new construction or additions to existing structures and buildings for commercial, industrial, institutional government buildings, churches, clubs, schools or multi-family uses is the approval of a site plan, as set forth below.  The purpose of such approval is to assure site designs which are harmonious with neighboring tracts, creates safe and attractive site layouts and structures, provides proper access to streets and transportation and contributes to effective land use in the Town of River Falls.

(b) The Plan Commission shall review, with regard to the proposed operation, the existing site, proposed structures, architectural plans, neighboring uses, use of landscaping and open space, parking areas, driveway location, loading and unloading areas, highway access, traffic patterns, lighting, drainage and water and sewer systems.

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2. Upon completion of the review of the site plan, the Plan Commission will make its recommendation to the Town Board.  The Town Board has final approval authority for all site plans.
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4.  PROFESSIONAL FEES & DISBURSEMENTS. 
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6. The applicant for any permit shall pay a fee to the Town Clerk equal to the actual costs to the Town for the professional fees and disbursements incurred by the Town by reason of the review of the application and proposed use and  improvements by any professional employees and consultants, including 
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20. ZONING CODE 17.035 (2)(a)
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 without limitation by way of enumeration, the planner, engineer, surveyor,     attorney and any other professional employees or consultants hired by the Town with respect to consideration thereof.  This shall include, without limitation by way of enumeration, the following:

1. Review of such application and proposed use and improvements and
2. the plans therefor.
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4. Inspection of the site and the improvements as and after such improvements are constructed.
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6. Tests and other evaluations deemed necessary by such professional employees and consultants for their review and inspection.
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8. Drafting or other preparation of any written opinions, advice and suggestions with respect thereto.
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10. Drafting and preparation of any ordinances, resolutions, contracts, agreements and other documents with respect thereto.
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12. Attendance at public meetings or hearings and telephone and actual conferences.
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14. Any other professional services and disbursements charged to the Town which were necessitated by the submission and review of such application and proposed use and improvements, and construction of improvements and erosion and sediment control measures therein.

 

1. At or prior to submission of any application for a permit that involves new construction or an addition to an existing building or other structure, the applicant or the applicant’s representative shall deposit in escrow with the Town Clerk the amount specified.  Such specified fees will be set by the Town Board from time to time.   If the sum determined herein is inadequate or excessive for anticipated expenses, the Town Board may increase or decrease the required deposit at any time.  Additionally, the Town may waive all or part of the required escrow deposit to the extent that a determination on the application will probably not include any of the employees, experts or tests necessary to make a determination on the application.  Should the Town Board thereafter determine that a greater escrow deposit is required up to the amount required under this section, the applicant must pay the additional amount to the Town Clerk within the time specified.  Notice of the meeting for consideration of the application shall be mailed to the applicant or applicant’s

 

ZONING CODE 17.035(2)(b)

agent at least 5 days prior thereto.  Upon final action on the application, approval of all improvements and erosion and sediment control measures required therein and payment of all professional expenses incurred by the Town, any balance in escrow shall be returned to the applicant.  This shall not prohibit the Town collecting any additional professional expenses subsequently charged to the Town.  The Town Board may agree in writing with the owner of any premises generally leased to tenants to require less than the foregoing escrow deposit from an existing or prospective tenant if such owner in writing personally guarantees and provides satisfactory surety for payment of any sums then or thereafter due to the Town which could have been collected from a higher escrow deposit by such tenant.

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2.       (3) SITE PLAN REQUIREMENTS.  All site plan applications shall include:     
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4. Identification:
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6. Name of project.
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8. Owner’s and, where appropriate, developer’s name, address and telephone number.
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10. Architect and/or engineer’s name, address and telephone number.
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12. Address of project.
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14. 5.  Date site plan was prepared.
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16. Graphic Representation:
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18. Three copies of the site plan shall be submitted.
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20. Site plan scale shall be no less than 20 feet to the inch and show date, north arrow and graphic scale.
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22.  Site Plan Information:
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24. Lot boundaries, including legal description, and required setback distances.
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26. Location of all public and private roads, official map showing streets and easements.
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28. Location of all water courses, drainage ditches, wet lands, flood plains, and required setback.

                                                                                   

 

                                                                                                ZONING CODE 17.035(c)4

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2.      4.  Location of all existing and proposed public and private utilities, wells, drainage structures and lighting.
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5.  Existing and proposed structures and buildings, structures to be removed, description of proposed use of all structures and their dimensions.

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2.      6.  Floor plans and elevations, including dimensions; and exterior plans showing the design and  character of each structure and building.
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7.  Traffic aspects (flow, volume, type, etc.) of existing and proposed driveways and parking lots, including parking stall sizes and layout, handicap stalls and ramps, loading zones, driveway widths and traffic direction, sidewalks and pedestrian walkways and similar improvements.

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2.       8.  Existing and proposed vegetation, areas of permanent open space, landscaping, fences, ground cover, areas of filling and grading in excess of 6 “ and contours.
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4.       9.  Location of signs.  (See §12.07)
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6.    10.  Detailed Construction schedule and construction phases.  The Town Board may impose time schedules for completion of (including, but not limited to) buildings, parking areas, dedication of open space use areas, drainage and erosion control systems and landscaping of the site ( including open space use areas) and shall conform to Chapter 17.12 - Erosion Control Ordinance.
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8.   11.  Other pertinent information as may be requested by the Plan Commission during review of the site plan.  Items from this list of required information may be waived by the Plan Commission.  Waiver requests must be made in writing and include reasons therefore.
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10.   12.  Site plans prepared by Architects or Engineers should be sealed and signed by the Architect or Engineer.
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12.   13.  The site plan should indicate the zoning of the property include in the site plan and the NRCS (SCS) soil types present on the site.
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14. SITE PLAN REVIEW AND FINDINGS.   The Plan Commission shall review the site plan following submittal of all plan materials as required in 17.035(3) and upon payment of the fee pursuant to 17.35(2).  The Plan Commission may recommend approval with such written conditions as it deems appropriate. If the Plan Commission or the Town Board rejects the site plan, a written

 

 

ZONING CODE 17.035(4)

    summary of the objections shall be communicated to the applicant(s) who shall

1. then have an opportunity to respond and amend the site plan.  The Plan                          Commission shall not recommend a site plan for approval to the Town Board
2. until the Plan Commission has determined the proposed site plan is in       conformance        with the intent and purpose of this chapter and is deemed to  satisfactorily address

            the following:         

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2. The relationship of the site plan to the land use plans and policies adopted by the Town of River Falls.
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4. Parking, loading, traffic generation and traffic flow layout so as to:
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6. Minimize hazardous traffic movements.
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8. Achieve efficient traffic flow in accordance with standards in theInstitute of Traffic Engineers’ Transportation and Traffic Engineering Handbook.
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10. Provide for optimum number of parking spaces.
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12. Provide for optimum loading and unloading in the case of commercial and industrial uses.
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14. Provide for optimum access to public streets and highways.
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16. Provide for pedestrian safety
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18. Provide for public roads.  (See §8.01)
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20. Comply with all sections in this General Code for the Town of River Falls.
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22. Provisions for surface and subsurface drainage, including drainage      connections, are to be done in such a manner that existing drainage serving the area is not overloaded, as an overload could increase the danger of erosion, flooding, landslide, or other endangerment of adjacent or surrounding property and shall comply to Chapter 17.12 - Erosion Control Ordinance. 
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24. The use of landscaping so as to:
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26. Maintain existing mature trees and shrubs to the maximum extent practical.
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28. Buffer adjacent uses where appropriate to minimize impact on neighboring uses.

                                                                                   

                                                                                                ZONING CODE 17.035(4)(d)3

1.  Screen unsightly activities from public view.
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3.       4.   Break up large expanses of asphalt and buildings with plant material.
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5.       5.  Provide a landscaping  design that is in harmony with the surroundings.
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            6.  Make optimum use of open spaces.

            7.  Provide plant materials and landscaping designs suitable to the climate.

1. Location of principal structure(s), accessory structure(s), lighting, free-standing signs, refuse container(s), mechanical equipment, etc., so  placement (1) does not impede safe and efficient traffic flow, (2) adversely impact the development of adjacent property or the character of surrounding neighborhood, and (3) creates an attractive grouping, spacing and placement of buildings, structures, lighting, etc. in relation to the site and its environs.
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3. Reference or standards for size of trees, shrubs, buffer islands etc. shall be set forth from recommendations by a soil conservation forester or other state or local agency.
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5. The architectural character of the project construction materials and colors, are to be such that they are appropriate to the intended use, and compatible with surrounding buildings and uses.

 

1. The operations of the proposed use to avoid negative activity effect on adjacent properties.
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3. (5)  SURETIES.  The Town Board shall require appropriate sureties, including but not limited to cash bonds, performance bonds and letters of credit to guarantee conditions and requirements will be completed on schedule.  Such sureties shall equal 100% of the                         value of the finished project.  Each day where failure to complete required improvements within the specified time limit for the respective improvement, shall constitute a separate violation.
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5. REVIEW SCHEDULE. (a) No later than 90 days after receipt by the Town Board  of a site plan and the appropriate fee, the Plan Commission shall:
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7. Recommend the site plan to the Town Board,
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9. Request additional information, in writing, from the applicant [see 17.035(3)(c)11.)],
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                                                                                                            ZONING CODE 17.035(6)3

1. Recommend the site plan contingent upon incorporation of conditions enumerated by the Plan Commission, or                                                                       
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3.     4.   Recommend rejection stating their reasons.
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5. No later than 90 days after the receipt of any additional information requested from the applicant [see 17.035(3)(c)11.], the Plan Commission shall:
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7. Recommend the site plan to the Town Board,
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9. Recommend the site plan contingent upon incorporation of conditions enumerated by the Plan Commission, or
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11. Reject the site plan in writing [see 17.035(4)].

 

1. No later than 60 days after receiving an amended site plan, where the site plan had initially been rejected [see 17.035(4)], the Plan Commission shall:
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3. Recommend the site plan to the Town Board,
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5. Recommend the site plan contingent upon incorporation of conditions enumerated by the Plan Commission, or,
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7. Reject the site plan in writing [see 17.035(4)].
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9. No later than 45 days after a site plan has been forwarded to the Town       Board from the Plan Commission for final action [see17.035(4)], the Town Board shall:
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11. Approve the site plan,
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13. Approve the site plan with incorporated conditions, or
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15. Reject the site plan in writing.
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17. APPEALS.  Any person or persons aggrieved by any decision of the Town Board related to site plan review may appeal the decision to the Board of Appeals.  Such appeal shall be filed with the Board of Appeals within 30 days of the decision of the Town Board.

 

 

                                                                                   

                                                                                                ZONING CODE 17.038 (TOWERS)

 

 

 

 

 

 

17.038 TOWERS (1) PURPOSE. It is the intent of this Section  to:

(a)  Balance the rights of private property owners with the needs of the Town of River Falls community-at-large.

(b) To minimize adverse visual effects of towers through careful design, siting, and vegetative screening;

(c) To avoid potential damage to adjacent properties from tower failure and falling ice, through engineering and careful siting of tower structure;

(d) To allow for reasonable location and use for communication towers; and

(e) To mitigate and address the potentially adverse effects of communication towers on human health and safety.

(2)  DEFINITIONS.

Antenna . Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.

Building Code. The most recently adopted or amended Town of River Falls Building Code.

Communication tower. A structure that is used primarily as a communication antenna or as a communications antenna support structure.

Effective tower height. The distance from the highest point of rigid, non-guyed support to the top of the highest appurtenance mounted on the tower.

                                                                                                ZONING CODE 17.038(2)

EIA-222. Electronics Industries Association Standard 222, “Structural Standards for Steel Antenna Towers and Antenna Support Structures."

FAA. The Federal Aviation Administration.

FCC. The Federal Communications Commission.

Free standing tower. A tower which has the tower base as the only or primary means of resisting the designed tower loads.

Guy supported tower. Means a tower which requires the use of flexible guying cables or wires as the only or principle means of resisting the designed tower loads.

Commercial Wireless Telecommunication Services. Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (ESMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

Non-commercial communications tower. A tower used for purposes in which there is no commercial gain, i.e. amateur radio, Civil Air Patrol, Red Cross, etc.

Tower. Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

Tower Height. The distance between the ground upon which the tower or tower base sits and the top of the highest appurtenance mounted on the tower.

Tower, Multi-User. A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.

Tower, Single-User. A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this Code.

(3) TOWER ZONING APPLICATIONS. A building permit and conditional use permit (if applicable) shall be obtained prior to construction of any tower, including a communication tower. Towers shall be registered with the Town at the time the permit is obtained.  Each application for a permit shall include the following information, supplied by the tower owner, operator, or contractor installing the tower.

1. Name and address of the tower owner;
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                                                                                    ZONING CODE 17.038 (3)(b)
(b) Name and address of the tower operator;

(c) Name, address, phone number and title of primary contact person;

1. Name, address, phone number and title of emergency contact person;

 

(e) Address and short legal description of the tower location;

(f) Principal use of the tower;

(g) Tower height;

(h) A list of appurtenances mounted on the tower including model numbers, if available, and their location on the tower, or a drawing indicating location;

(i) A site plan prepared by the owner or his/her representative drawn to a scale of one (1) inch equals fifty (50) feet, unless a different scale is approved by the Town Board. The plan shall show the property boundaries, tower(s), guy wire anchors (if any), existing structures, proposed buildings and/or other accessory uses, access, parking, fences, landscape plan. (specifying size, spacing and plant materials proposed), existing land uses adjoining the site, distances to all adjoining property.

(j) Towers shall be subject to all applicable Wisconsin State and Pierce County design codes.

(k) The tower zoning application shall be accompanied by the following impact statements:

1.  Environmental Impact Assessment (Section (26)).

1. Visual Impact Assessment (Section 27).

 

(4)  APPLICATION FEES.  The Town requires an application fee, of an amount set by the Town Board from time to time, for the registration, processing, and permitting of communication towers and wind generator towers.  No application shall be considered filed with the Town unless and until said application is accompanied by the fee.

(5) TOWER CONSTRUCTION. Plans and specifications for the tower design as specified by the tower manufacturer or as approved by a registered professional engineer experienced in the design and/or analysis of  towers shall be submitted to the Town Board by the tower owner, operator, or contractor installing the tower.

 

                                                                                                ZONING CODE 17.038(6)

(6) TOWER DESIGN REQUIREMENTS. Proposed or modified towers and antennas shall meet the following design requirements.

(a) Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities.

 

1. Towers shall be of a monopole design unless the Town Board determines that an alternative design would better blend in to the surrounding environment.

(c) Lattice type towers, or any other tower design requiring guy-wire support, shall not be permitted owing to the perceived adverse visual impact of such towers on the rural landscape of the Town.

(7) TOWER SET BACK REQUIREMENTS. Towers shall conform with all of the following minimum setback requirements:

(a) Towers shall be set back from all residential and commercial buildings a minimum distance equal to three times the height of the tower including all antennas and attachments. Barns and other livestock shelters are included in this setback requirement.

(b) Towers shall be setback from all adjacent property lines by a minimum of three times the height of the tower including all antennas and attachments.

(c) Towers shall be set back from current and planned public rights of way by a minimum distance equal to twice the height of the tower including all antennas and attachments.

(d) Towers shall not be located between a principal structure and a public street, with the following exceptions:

1. In industrial zoning districts, towers may be placed within a side yard abutting an internal industrial street.

2. On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street.

(e) A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the Board, to allow the integration of a tower into an existing or proposed structure such as a church steeple, silo, light standard, power line support device, or similar structure.

 

                                                                       
            ZONING CODE 17.038(7)(e)

(f) The owner or lessor of the premises upon which the tower is located may apply for a special use permit to allow the location of a building or other structure within a distance three times the height of the tower (including all antennas and attachments) if the building or structure is on lands owned by said owner or lessor and provided the owner or lessor complies with any restrictions or requirements imposed as a condition of said special use permit. Application for the permit shall be made to the Town Board. It shall be first reviewed by the Plan Commission and recommendation of the Plan Commission shall be made to the Town Board.

(8) TOWER HEIGHT. (a) Tower height shall be limited to a maximum of 175 feet, as measured from the ground level, including all antennae or attachments.

(9) TOWER LIGHTING. (a) Towers shall not be illuminated by any artificial means.

(b) No tower shall be permitted to be constructed in the Town that, as a result of its design or location, would be required to be lighted in accordance with FAA directives.

(10) EXCLUSIONS. (a) Communication towers less than 70 feet in height and designed and intended for private noncommercial use shall be exempt from the requirements of this Section.

 (b) The Board, at its discretion, may exempt certain communication towers that are designed for and intended to be used solely by public safety or emergency communications agencies.

 (11) TOWER LIABILITY.  Prior to granting a tower zoning permit, the applicant will demonstrate proof to the Town Board that it has adequate liability insurance for the communication tower, support structures, and any and all easements or non-public access roads.  The liability insurance will cover accidents within the boundaries of the tower as shown on the site plan, personnel falls from the tower (whether employees or agents of the
applicant or not), and private property damage caused by the tower, or debris from the tower.

(12)  TOWER INSPECTIONS. (a)  Towers shall be inspected in accordance with FCC or other applicable directives and at least once every thirty-six (36) months and the inspection must be paid for by the owner or his/her representative.

(b) A checklist provided by the Town Board, based upon applicable EIA222 standards, shall be used for each tower inspection.

(c) Inspection records shall be kept by the tower owner and made available upon request to the Town Board.

1. The Town Board may, at its discretion or upon complaint, inspect or require the inspection of any tower within its jurisdiction at the tower owner's or operator's cost.

 

                                                                                                ZONING CODE 17.038(13)

(13) ELECTROMAGNETIC INTERFERENCE. (a) Radio and Television. The applicant shall be held responsible to resolve any signal interference complaints associated with the communications tower(s) or related equipment.  This section shall be applicable for the operating lifetime of the tower and tower equipment.  If the applicant fails to respond to complaints and resolve interference problems in a reasonable amount of time, the Town Board shall have the authority to require the tower owner or operator to cease operations until the problem is solved.

(b) Public Safety Telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications.  All tower construction applications shall be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the Town at least thirty (30) calendar days in advance of such changes and will allow the Town Board or its designated representatives to monitor interference levels during the testing process.

(14) NON-IONIZING ELECTROMAGNETIC RADIATION (NIER). A source of non-ionizing electromagnetic radiation (NIER), when combined with existing sources of NIER, shall not expose the general public to ambient radiation exceeding standards established by 47 CFR 1.1310 or applicable Environmental Protection Agency regulations.

(15) SECURITY. (a) Eight (8) feet high security fencing, with barbed wire, shall be required around the base of the tower.

(b) Accessory or equipment buildings installed as part of the tower facility shall be secured.

(16) ACCESS ROADS. (a) Access roads shall be constructed so as to meet the following requirements:

1. Access road construction plans shall be designed to minimize adverse environmental impact.

2. The access road shall be constructed so as to minimize soil erosion.

3. Access roads shall be designed and routed to so as to minimize the loss of agricultural crop land.

4.  No communication tower access road shall cross or otherwise be sited on, in, or within 100 feet of wetlands or rivers.

(b)  Communication tower access roads must conform to the Town of River Falls driveway ordinance.
                                                                                   
ZONING CODE 17.038 (16)(c)

(c)  Communication tower access roads are subject to all provisions contained in the Town of River Falls Land Use Plan.

(17)  SIGNS AND ADVERTISING. (a) Appropriate signage shall be posted indicating that trespassing and/or vandalism to the property may be punishable under local, state, or federal statutes.

(b)  The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

(18)  ACCESSORY BUILDINGS.  (a)  All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district.

(b) Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding area or neighborhood.

(19)  STRUCTURALLY UNSAFE OR UNUSED TOWERS.  (a)  Any tower found to be structurally unsafe and that cannot be brought into compliance within 180 days must be removed at the owner's expense.

(b)  Any tower that is no longer used and maintained as a communication tower for a period of one (1) year shall be removed at the owner's or property owner’s expense.

(20)  TOWER REMOVAL. (a) In addition to subsection (19) the applicant shall be responsible for removing the tower when either:

1.  the tower has reached the end of its useful life, or,

2.  the tower is classified as structurally unsafe or unused.

(b)  The applicant will be required to post a bond or establish an escrow account that is equal to ten (10) percent of the tower's construction cost to protect the Town's interest in the event the owner fails to remove the tower in a timely manner when required to do so. In the event the owner does not timely remove the tower the Town may do so and charge the cost thereof against the bond posted and any balance due shall be assessed against the premises as a special charge and placed on the tax roll.

1. If the tower is located on public land, or if is located in plain site of public roads or residential areas, the applicant shall be required to restore the tower site to its original condition.  This includes the removal of the tower, tower support equipment, accessory buildings, security

 

                                                                                    ZONING CODE 17.038 (20)(c)

fences and all other equipment and structures.  The applicant is also required to restore or replant native vegetation at the tower site and along the access road.

(d)  In the event that the tower applicant fails to restore the land to its pre-tower condition to the satisfaction of the Town Board, the applicant shall forfeit its tower removal bond.

(21)  LANDSCAPING AND SCREENING.  (a)  On site vegetation shall be preserved to the maximum extent practical.

(b)  Where the site abuts or is in direct view of residential lands, residential zoning districts, agricultural zoning districts, public land or streets, the site perimeter shall be landscaped with at least one row of deciduous trees, not less than one and one-half (1½) inches in diameter measured three (3) feet above the grade, spaced not more than 20 feet apart and within 25 feet of the site boundary, as well as at least one row of evergreen trees or shrubs, at least four (4) feet high when planted and spaced not more than 15 feet apart and within 40 feet of the site boundary.  Alternatives such as walls or fences may be permitted based on security or other reasons.

(22)  PERIODIC REVIEW  (a)  The Town Board reserves the right to review the status of the tower every two (2) years.  The review shall consider the following:

1.  Changes in Federal, State, or County laws that affect the tower site;

2.  Changes in technology which may obviate the continued need for the tower;

3.  Changes in land use patterns which may be antithetical to the existence of the tower;

4.  Compliance with a conditional use permit compliance (if applicable);

5.  Public comment on the tower and its impact on their homes, farms, business and quality of life.

(b)  The review may be initiated at the behest of the Town Board.

(c)  The review may also be initiated by the citizens of' the Town of River Falls by requesting a tower review at a regularly scheduled Town Board meeting.

(d) Following such review the Board may place additional restrictions on the tower, appurtenances and access roads.

(23)  COLOCATION REQUIREMENTS.  All telecommunication towers erected, constructed, or located within the Town of River Falls shall comply with the following requirements:

                                                                                    ZONING CODE 17.038 (23)(a)

(a)  A proposal for a new tower shall not be approved unless the Town Board finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower due to one or more of the following reasons:

1.  The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

2.  The planned equipment would cause interference that materially impacts the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.

3.  Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.

(b)  Any proposed tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least three additional users if the tower is over 100 feet in height, or for at least two additional users if the tower is over 60 feet in height.  Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

(24)  PUBLIC NOTIFICATION OF TOWER APPLICATION.  (a)  Upon receipt of a communication tower application, the Town Board shall hold a public hearing on the application at the next scheduled regular board meeting, but no less than thirty (30) days thereafter. Where a special meeting is required to comply with these time limits the applicant shall pay the cost thereof in advance.

(b)  The Town Clerk will notify all residents and businesses within a two (2) mile radius of the reason for the public hearing and the notification shall take place at least 30 days prior to the scheduled meeting date. The cost of the notification must be paid by the applicant in advance.

(25)  ENVIROMENTAL IMPACT.  (a)  Environmental Assessment.

1.  The applicant shall provide the Town with an environmental assessment (EA) of the proposed tower.

2.  The EA shall be included with the tower application.

3.  The EA shall be conducted in accordance with the Environmental Assessment Procedure as defined in PSC 4.20 Wisconsin Administrative Code.

                                                                                   
ZONING CODE 17.038(25)(b)

(b)     Environmental Impact Statement.   1.  If the environmental assessment determines that an Environmental Impact Statement (EIS) is required, it shall be provided to the Board by the applicant as part of the tower application.

2.  The EIS shall be accomplished in accordance the procedures contained in the PSC 4.30 Wisconsin Administrative Code.

(26)  VISUAL IMPACT ASSESSMENT.  (a)  The applicant will be required to provide the Board with a visual impact assessment (VIA) of the proposed communication tower.

(b)  The VIA shall clearly show the following information:

1.  All existing structures within a two (2) mile radius of the tower site.

2.  All topographical features of the land within a three (3) mile radius of the tower site including hills, rivers, wetlands, wooded areas and significant geologic formations.

3.  The tower will be shown superimposed on existing land use characteristics using computer generated or other graphical format visual aids.

4.  The visual rendering of the project will identify the apparent tower height (degrees above the horizon) from distances of 1/8, 1/4, 1/2, 1, 2 and 3 miles and from at least three (3) directions of not less than 90 degrees apart.

5.  In lieu of item (27)(b)4., the applicant may erect a weather balloon or other similar object at the proposed tower site.

a.  The balloon will be arranged so as to float at the maximum height of the tower.

b.  The balloon will be not less than six (6) feet in diameter and will be painted or otherwise marked conspicuously.

c.  The balloon will be required to remain in place for a minimum of thirty (30) days following filing of the application with the Town Clerk. The Board may require it to remain longer. It shall be removed upon direction of the Board.

(27)  TOWN BOARD EVALUATION CRITERIA.  (a)  The Board in its review of the tower application shall consider the following factors associated with the construction of a new tower in the Town:

1.       Environmental impact;

2.       Visual impact;
                                                                                   
ZONING CODE 17.038(27)(a)(3)

3.       Health and safety issues;

4.       Economic impact on the local community;

5.       The local interest served by the installation of the tower as compared to the intended purpose and use of the tower;

6.       The opinion of the residents of the Town who live closest to the proposed tower site.

(b)  Given the unique characteristics of the Town of River Falls, including its rural character, unique geological formations, fertile agricultural land, location in avian migratory routes, and its water resources, the Board must find installation of a proposed tower provides a clear and compelling benefit to the citizens of the Town before it may approve a tower zoning permit.

(28)  APPLICABILITY.  (a)  This section supersedes all other communication tower ordinances.

(b)  This section supersedes all other State and County communication tower regulations except where noted or where such other regulations have legal precedence.

(c)  This section complies with the requirements of the 1996 Federal Telecommunications Act (47 U.S.C. 332(c).

  Section 17.039.  SMALL WIND ELECTRICAL GENERATION TOWERS”
 
 (1)      Definitions.

            (a)       "Administrator" means the Town of River Falls Zoning Administrator

            (b)       "Board" means the Town of River Falls Board of Supervisors.

1.       "Meteorological tower" (met tower) is defined to include the tower, base

plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

(d)       "Owner" shall mean the individual or entity that intends to own and operate the small wind energy system in accordance with this ordinance.

(e)       "Rotor diameter" means the cross sectional dimension of the circle swept by the rotating blades.

 

 

 

(f)         "Small wind energy system" means a wind energy system that

                        1.  is used to generate electricity;
 
                        2.  has a nameplate capacity of 100 kilowatts or less; and
 
3.  has a total height of 170 feet or less.

(g)       "Total height" means the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.

(h)        "Tower" means the monopole, freestanding, or guyed structure that supports a wind generator.

(i)         "Wind energy system" means equipment that converts and then stores or transfers energy from the wind into usable forms of energy (as defined by Wis. Stat. §. 66.0403(1)(m). This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component used in the system.

(j)         "Wind generator" means blades and associated mechanical and electrical conversion components mounted on top of the tower.
 
(2)       Standards.

 A small wind energy system shall be a permitted use in all A-1, A-2, Commercial, Lt Industrial and Industrial zoning districts subject to the following requirements:

(a)       Setbacks. A wind tower for a small wind system shall be set back a distance equal to its total height multiplied by a factor of 1.1 from:
 

1. any public road right of way, unless written permission is

        granted by the governmental entity with jurisdiction over the
        road;
 

1. any overhead utility lines, unless written permission is

       granted by the affected utility; and
 

1.   all property lines, unless written permission is granted from

       the affected land owner or neighbor. 

Each Wind Energy System shall be set back from the nearest residence and places of public assembly, a distance no less than two (2) times it’s total height unless written permission has been obtained from the owner of such structure.

(b)       Access.
 

1.  All ground mounted electrical and control equipment shall be

       labeled or secured to prevent unauthorized access.
 
2.   The tower shall be designed and installed so as to not
      provide step bolts or a ladder readily accessible to the
      public for a minimum height of 8 feet above the ground.

If the tower is of climbable (lattice) construction.  An 8 foot high non-climbable fence must be constructed around the base.  Any access doors or gates must be locked.

(c)        Electrical Wires. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.

1.       Lighting. A wind tower and generator shall not be artificially lighted unless

 such lighting is required by the Federal Aviation Administration.

(e)       Appearance, Color, and Finish. The wind generator and tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless otherwise approved in the special use permit.

(f)      Signs. All signs, other than the manufacturer's, owner’s identification,
appropriate warning, shall be permitted as required by Chapter 17.13.  The Tower shall be designed to carry the weight and wind loading from any signs.

(g)       Code Compliance. A small wind energy system including tower shall comply
with all applicable state construction and electrical codes, including the National Electrical Code.

(h)        Utility notification and interconnection. Small wind energy systems that connect to the electric utility shall comply with the Public Service Commission of Wisconsin's Rule 119, "Rules for Interconnecting Distributed Generation Facilities."

(i)         Met towers shall be permitted under the same standards, permit
requirements, restoration requirements, and permit procedures as a small wind energy system.

(j)         Noise Compliance.  A small wind energy system shall not emit noise
in excess of 5dBA above ambient sound when measured at any property line.

(j)      Impact.   Consistant with State Statute 66.0401, wind energy systems shall be located on a parcel so as to have the least impact on adjoining properties and any negative impacts from the wind energy system shall be confined, as much as possible, to the property where the wind energy system is located.
 

 

(3)       Permit Requirements.

(a)       Special Use Permit. A special use permit shall be required for the installation of a small wind energy system.

(b)       Documents. The special use permit application shall be accompanied by a plot plan, which includes the following:
 

1. Property lines and physical dimensions of the property.

2.  Location, dimensions, and types of existing major structures on the property.

                        3.  Location of the proposed wind energy system.
 
                        4.  The right-of-way of any public road that is contiguous with
                      the property.
 
                        5.  Any overhead utility lines.
 
6.  Wind energy system specifications, including manufacturer and model,
rotor diameter, tower height, tower type (freestanding or guyed).

7.  Structural design and installation shall be under the supervision of an engineer licensed by the State of Wisconsin.

(c)        Blueprints/Drawings.  The Tower foundation blueprints and drawings as
well as the Tower blueprint and drawing shall be submitted to the Zoning Administrator prior to commencement of construction of the Tower base or Tower.

(d)       Fees. The application for a special use permit for a small wind energy system must be accompanied by the fee set from time to time by resolution of the Board.  The applicant shall also pay any other expenses incurred by the Town in connection with the application for special use permit, including engineering, consulting and legal fees.

(e)       Inspection/Insurance. Prior to issuance of the permit, the applicant shall submit to the Zoning Administrator proof of adequate liability insurance, such insurance to be in the minimum amount of one million dollars per occurrence.   In addition, applicants shall submit to the Zoning Administrator evidence that applicant has in place a long term service and maintenance contract providing for inspections at least annually.  The Applicant shall provide proof of financial responsibility for final removal of the wind energy system should that become necessary,

(f)         Hold Harmless. The owner of any wind energy system may be required by the Town Board to execute a “Hold Harmless” agreement as a condition of the Special Use permit, holding the Town harmless in connection with any injury occurring to person or property as a result of malfunction or collapse of the small wind energy system.

(g)       Expiration. A permit issued pursuant to this ordinance shall expire if:
 

1. The small wind energy system is not installed and functioning

within 24-months from the date the permit is issued; or,
 

1. The small wind energy system is out of service or otherwise

unused for a continuous 12-month period.

(4)       Abandonment.

(a)       A small wind energy system that is out-of-service for a continuous 12-month period will be deemed to have been abandoned. The Administrator may issue a Notice of Abandonment to the owner of record of a small wind energy system that is deemed to have been abandoned. The Owner shall have the right to respond to the Notice of Abandonment within 30 days from the Notice receipt date. The Administrator shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn if the owner provides information which demonstrates the small wind energy system has not been abandoned.

(b)       If the small wind energy system is determined to be abandoned, the owner shall remove the wind energy system at the Owner's sole expense within 3 months of receipt of Notice of Abandonment. If the owner fails to remove the wind energy system, the Administrator may pursue legal action to have the wind energy system removed at the Owner's expense.

(5)       Special Use Permit Procedure.

(a)       An Owner shall submit an application to the Zoning Administrator for a Special Use permit for a small wind energy system. The application must be on a form approved by the Administrator and must be accompanied by twelve copies of the plot plan identified in 17.039(3)(b).

(b)       The Administrator shall issue a permit or deny the application within 60 days of the date on which the application is received.

(c)        The Administrator shall issue a special use permit for a small wind energy system if the application materials show that the proposed small wind energy system meets the requirements of this ordinance.

(d)       If the application is approved, the Administrator will return one signed copy of the application with the permit and retain the other copy with the application.

(e)       If the application is rejected, the Administrator will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The applicant may appeal the Administrator's decision pursuant to Chapter 68 Wis. Statutes. The applicant may reapply if the deficiencies specified by the Administrator are resolved.

(f)         The Owner shall conspicuously post the special use permit on the premises
so as to be visible to the public at all times until construction or installation of the small wind energy system is complete.

(g)       At least seven days written notice must be given to all adjoining property owners of the public hearing to be held on the application for special use permit.  This notice shall be given by the Town Clerk or other Town official.

(h)        Any appeal of a decision made by the Zoning Administrator under this Section 17.039, shall be heard and considered by the Board of Appeals.
 
(6)       Violations.

It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this ordinance or with any condition contained in a special use permit issued pursuant to this ordinance.

(7)       Administration and Enforcement.

(a)       This ordinance shall be administered by the Zoning Administrator or other official as designated.

(b)       The Zoning Administrator may enter any property for which a special use permit has been issued under this ordinance to conduct an inspection to determine whether the conditions stated in the permit have been met.

(c)        The Zoning Administrator may issue orders to abate any violation of this ordinance.

(d)       The Zoning Administrator may issue a citation for any violation of this ordinance.

1. The Zoning Administrator may refer any violation of this ordinance to legal

            counsel for enforcement.

 

 

(8)       Penalties.

(a)       Any person who fails to comply with any provision of this ordinance or a special use permit issued pursuant to this ordinance shall be subject to enforcement and penalties as provided in Sec. 25.04

(b)       Nothing in this section shall be construed to prevent the Town Board from using any other lawful means to enforce this ordinance.

(9)       Severability.

The provisions of this ordinance are severable, and the invalidity of any section, subdivision, paragraph, or other part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance.”

• Section 2.  This ordinance shall take effect upon passage by the Town Board of the Town of River Falls and approval by the Pierce County Board of Supervisors.

 

17.04   RESIDENCE DISTRICT (R-1). (1) USE. In the R-1 District no building or premises shall be used and no building shall hereafter be erected or structurally altered, unless otherwise provided in this chapter, except for one or more of the following uses:

1.  Dwelling
2.  
3.  Churches, schools, libraries, municipal buildings, public recreational and community center buildings and grounds, cemeteries, truck gardening, nurseries, greenhouses, accessory buildings, private garages and professional home offices as defined in Section 17.065(2)(b)1. and 2. No mobile homes or mobile home developments shall be permitted in this district. (Am. 8/7/00)
4.  
5. SETBACK.  Unless otherwise provided, there shall be a setback line of not less than 75 ft. Such setback line shall be the minimum horizontal distance between the street line and the nearest point of a building or any projection thereof, including uncovered steps.

 

17.05  RESIDENCE AND PLANNED MOBILE HOME DEVELOPMENT DISTRICT (R-2).  In the R-2 District no building or premises shall be used and no building shall hereafter be erected or structurally altered, except for one or more of the following uses:

(1)    Any use permitted in the R-1 District.

(2)   A planned mobile home development district for which a permit has been issued under §12.05 of this General Code.  Location of mobile homes in a planned mobile home development and setback therein shall be governed by the provisions of § 12.05.

Section 17.055 Right to Farm (Created 4/17/06)(1) Purpose and Authority.  It is the declared policy of the Town of River Falls to conserve and protect agricultural land and to encourage agricultural use within the Township.  Where non-agricultural land uses, including but not limited to residential development, extend into or adjoin areas of agricultural land, agricultural users have become the subject of nuisance complaints.  As a result, agricultural uses could sometimes be forced to curtail or cease operations, and users therefore discouraged from making investments in farm improvements to the detriment of the economic viability of the Town’s agricultural industry as a whole.  It is the purpose and intent of this Section to reduce the loss to the Township of its agricultural resources by limiting circumstances under which agricultural uses may be considered a nuisance.  This Section is not to be construed as in any way modifying or abridging State law relative to nuisances, but is to be utilized in the interpretation and enforcement of the provisions of this Code and other applicable Town regulations.  The Statutory Authority of the Town to enact these regulations was established by Sec. 823.08, Stats., Actions Against Agricultural Uses.  The Legislature believes that local units of government, through the exercise of their zoning power, can best prevent such conflicts from arising in the future and the legislature urges local units of government to use their zoning power accordingly.

           

Section 17.055(2) Definitions.

         (a)       “Agricultural Land” means those lands of the Town which are zoned as A-1 (Exclusive Agriculture) or A-2 (Agriculture Residential).

         (b)       “Agricultural use”  means beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payment in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to 3836; participating in the milk production termination program under 7 USC 1446(d); and vegetable raising.

         (c)        “Owner” means a resident of this state owning land and includes an individual, legal guardian, corporation incorporated  in this state, business trust, estate, trust, limited liability company, partnership or association or 2 or more persons having a joint or common interest in the land.  However, where land is subject to a land contract, it means the vendor in agreement with the vendee.

         (d)       “Use consistent with agricultural use” means any activity that meets all of the following conditions:

                     (1)       The activity will not convert land that has been devoted primarily to agricultural use.

                     (2)       The activity will not limit the surrounding land’s potential for agricultural use.

                     (3)       The activity will not conflict with agricultural operations on the land subject to a farmland preservation agreement.

                     (4)       The activity will not conflict with agricultural operations on other properties.

         (e)       “Agricultural practice” means any activity associated with an agricultural use.

Section 17.055(3) Nuisance.     

            (a)       An Agricultural use or an agricultural practice may not be found to be a nuisance if all of the following apply:

(1)       The agricultural use or agricultural practice alleged to be a nuisance is conducted on, or on a public right-of-way adjacent to, land that was in agricultural uses without substantial interruption before the plaintiff began the use of property that the plaintiff alleges was interfered with by the agricultural use or agricultural practice.

(2)       The agricultural use or agricultural practice does not present a substantial threat to public health or safety. 

(b)       The provisions of this subsection apply without regard to whether a change in agricultural use or agricultural practice is alleged to have contributed to the nuisance.

1.           No present or future agricultural use or any of its appurtenances (any equipment, such as tools or instruments used for a specific purpose or task) conducted or maintained for commercial, private or public purposes and in a manner consistent with proper and accepted customs and standards of the agricultural industry on agricultural land shall become or be a nuisance, private or public, due to any changed condition of the use of adjacent land in or about the locality thereof, provided that the provisions of this Section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural use and its appurtenances of the agricultural activity or appurtenances obstruct the free passage or use in the customary manner of any navigable lake, stream, river, canal or business or any public park, square, street or highway.

 

Section 17.055(4) Role of the Zoning Administrator
(a) Anyone may submit a written request to the Zoning Administrator to determine whether a particular agricultural use constitutes a nuisance.  In the event a dispute arises between the farm owner (or operator) and a resident, (or residents) in or about the locality thereof, as to whether a particular agricultural use constitutes a nuisance, an interested party(s) may submit a written request for issuance of an advisory opinion or to mediate a dispute.  The request shall be made to the Zoning Administrator in writing.  Upon receiving the request, the Zoning Administrator shall provide a copy of the complaint to the subject of the complaint.  The subject of the complaint shall have 20 days to answer, in writing, a response to the allegation to the Zoning Administrator.  After review of the complainant’s comments and the responsive answer, the Zoning Administrator may call upon professional or educational agriculture personnel as technical advisor(s) to evaluate the dispute.  The Zoning Administrator’s written opinion on the agricultural practice shall be forwarded to the farm owner (or operator), the complainant, the Plan Commission, the Town Board and any other individuals deemed appropriate by the Zoning Administrator, within 60 days of the date of the original written request.  

 

            (b)  Any person aggrieved by any decision of the Zoning Administrator regarding agricultural practices may appeal the decision to the Plan Commission within 30 days of receipt of the Zoning Administrator’s final determination.
                       
                                    (1)       The decision of the Plan Commission shall be considered a final administrative agency decision.

                                    (2)       If the Zoning Administrator’s decision is not appealed with 30 days the Zoning Administrator’s decision shall be binding.
                       

            All costs associated with such opinions shall be borne by the party submitting the request and any cost for appeal.  

17.06      EXCLUSIVE AGRICULTURAL DISTRICT (A-1). (Cr. #1990-1) (1) INTENT.  The A-1 District provides for exclusive agricultural uses.  The intent is to preserve productive agricultural soils, maintain agriculture and as a permanent, viable land use and economic activity, control untimely and uneconomical expansion of urban facilities and services, avoid conflicting land uses and comply with the provisions of the Farmland Preservation Law to permit eligible landowners to receive tax credits as per Wisconsin Statutes.  Lands to be designated upon the Town zoning map as Exclusive Agricultural District premises shall be only those premises which contain 35 acres or a part of an aggregate containing 35 or more acres.

                                                                                                ZONING CODE 17.06 (2)

(2)    PERMITTED USES.  The following uses are permitted:

  (a)    Agriculturally related dwelling. A single family dwelling occupied by the person who or the family, at least one member of which, earns a substantial part of his livelihood from operations on that farm parcel. A dwelling existing upon the date of the adoption of this section which does not conform to this paragraph may be continued in residential use and shall not be subject to the limitations imposed or authorized under this section.

(b)    Farming, including and limited only to, cultivation and growing of soil crops in the customary manner on open tracts of land; raising of livestock and/or poultry; incidental retail selling by the producer of farm products raised on the premises; dairy and egg products; floriculture; sod farming; viticulture; vegetable raising; raising of tree fruit, nuts and berries; maple syrup farming; forest and game management; and apiary.

 

 




                                                                                         ZONING CODE 17.06(2)(c)

(c)    Farm related structures and improvements.

(d)    In-season roadside stands for the sale of farm products produced on the premises and up to 2 unlighted signs not larger than 16 sq. ft. for each advertising sign.

  (3)   SPECIAL USES.  The following special uses may also be allowed in the Exclusive Agricultural District, if a special permit is obtained:

1. The owner of the premises may construct one single family dwelling provided the use is consistent with agricultural use as more particularly defined in §91.75(2)(b) and 91.10(10), Wis. Stats.  Where application is made by a non-owner, a single family dwelling may be permitted, not to exceed one per farm operation, for occupancy by a person or family earning a substantial part of his/her/its livelihood from the farm operation. (Am. 12/6/04)

 

1. Single family dwelling occupied by parents or children of the farm operator provided the residence is consistent with agricultural use as defined in §91.75(2)(b) and 91.01(10), Wis. Stats. (Am. 12/6/04)

           (c)  Unique farming, including fur and fish farms, insect breeding facilities, nurseries and orchards, greenhouses, feedlots and other agricultural uses not specifically listed.

(d)   Commercial stables.

  (e)    Gas and electric utility uses not requiring authority under §196.491, Wis.  Stats.

  (f)   Governmental uses, such as police and fire stations, highway storage garages, solid waste disposal and sewage treatment plants, gravel pits and quarries, schools, parks and campgrounds, airports and landing strips and resource recovery sites.

(g)    Veterinary supplies and services.

  (h)    Livestock supply sales, feed and farm implement sales.

  (i)    Horse and riding equipment sales and service.

  (j)    Temporary housing for seasonal farm labor.

 

                                                                                      

 

                                                                                                  
                                                                                                   ZONING CODE 17.06(3)(k)

  (k)  Gravel pits, quarries and excavation activities, providing that they are for specific projects, primarily for governmental operations or are incident to farming operations.

          (l)    Home occupations and professional offices conducted within and accessory to single family dwelling.

(m)   Rural home occupations which meet the following conditions:

1.    The combined square footage of the accessory structure and outside storage area shall not exceed 800 sq. ft.

2.   The outside storage area and all vehicles, materials and equipment being stored there shall be screened and/or landscaped in such a manner as to prevent it from being visible at any time of the year from the road rights-of-way, public properties and surrounding.

3.   Rural home occupations shall be limited to existing farm residences or structures or portion of the existing farmstead which is not dedicated to agricultural uses.

(4)   PROHIBITED USES.  All uses not listed as permitted or special uses are prohibited including, but not limited to, mobile home parks, dance halls and outdoor concerts and structures and improvements inconsistent with agricultural uses.

(5)   STANDARDS FOR SPECIAL USES.  The Department of Agricultural, Trade and Consumer Protection shall be notified of the approval of any special uses.  In reviewing applications for special uses, the Town shall consider the following criteria:

(a)    Purposes of this chapter and the intent of the A-1 Zoning District.

(b)    Potential for conflict with agricultural uses.

(c)    Need of the proposed use for a location in an agricultural area.

(d)   Availability of alternative locations.

(e)   Compatibility with existing or permitted uses on adjacent lands.

(f)    Productivity of the lands involved.   

(g)    Location of the proposed use so as to reduce to a minimum the amount of productive agricultural land converted.

                                                                                      

                                                                                                  
                                                                                                   ZONING CODE 17.06(5)(h)

(h)    Current and future need for public services created by the proposed use.

(i)   Availability of adequate public services and the ability of affected local units of government to provide them without an unreasonable burden.

(j)   Effect of the proposed use on water or air pollution, soil erosion and rare or irreplaceable natural resources.

(6)   APPLICATION FOR SPECIAL USE PERMITS. (Cr. #1990-4) This subsection permits the application for a special use permit in the Exclusive Agricultural District.  Such an application for special use shall be filed with the Zoning Administrator.  Thereupon, the matter shall be referred to the Plan Commission for public hearing and recommendation. The recommendation of the Plan Commission shall be submitted to the Town Board for final hearing and actions.  The hearings shall be preceded by the notice required under §17.10.

(7)    CONDITIONS WHICH MAY BE ATTACHED TO SPECIAL USES. (a)   Upon consideration of information supplied at the public hearing and a review of the standards contained in sub. (5) above, the following conditions may be attached to the granting of a special use:

1.    Increased setbacks and yards.

2.    Specifications for water supply, liquid waste and solid waste disposal facilities.

3.   Landscaping and planting screens, sureties, operational controls and time of operation.

4.    Air pollution controls, erosion prevention measures.

5.    Reclamation measures and performance bonds.

6.    Special inspections.

 

 




                                                                                    ZONING CODE 17.06(7)(a)7.

7.    Additional fees to offset public costs of administering, monitoring and enforcing conditions.

8.    Location of the use.

9.    Similar requirements found necessary to fulfill the purpose and intent of this section.

  (b)    Violation of the conditions shall constitute a violation of this section as provided in §17.15.

  (8)   HEIGHT, AREA AND SETBACK REQUIREMENTS. (a) General building requirements, unless otherwise specified.

  (b)    Minimum lot area for residence or farm operation is 35 acres, except as provided below:

   1.   The minimum lot area for an additional dwelling for persons earning a substantial part of their livelihood from the farm operation or parents or children of the farm operator shall be 2 acres.

  2.    The minimum lot area for farm dwellings or structures existing before the adoption of this section and which are separated from a larger parcel through farm consolidation may be up to 5 acres, but not less than 2 acres.

            3.     Any building, structure or accessory use or building may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, except that all other provisions of this chapter shall apply.  Such lot shall be in separate ownership.  This provision shall apply even though such lots fail to meet the requirements for area, width or both that are applicable in the district, provided that yard dimensions and requirements other than those previously stated shall conform to the regulations for the district.  Variance of yard requirements shall be obtained through action of the Board of Appeals.

(9)    MINIMUM LOT SIZE, BUILDING HEIGHT AND YARD REQUIREMENTS FOR SPECIAL  USES.  The minimum lot size, building height and yard requirements for special uses shall be specified in the special use permit, but in no case shall the side yard requirement be less than 50’ and the front yard requirement less than the distance specified in the general provisions of this section.

(10) CLASS I-III SOIL BUILDING RESTRICTIONS . (Cr.9/5/00) (a) No non-farm buildings shall be erected on land classified as Class I, II or III cropland by the Natural Resources Conservation Service, a division of the U .S. Department of Agriculture, as shown on the official soil survey maps for the town.

(b) Restriction Exception. In the event of a fire, storm or other casualty causing destruction or substantial damage to any single family dwelling house and/or garage existing in the Town prior to October 1, 2000, which damage or destruction is sufficient to render such dwelling house uninhabitable, the owner or occupant of such dwelling house and/or garage shall be able to rebuild on said farm regardless of soil classification. The uninhabitable house and/or garage must be removed.

 

                                                                                               
  (11)    AMENDMENTS.  (Rn. 9/5/00) The Town may amend the districts and regulations in accordance with §62.23(7a)(f), Wis.  Stats.  In addition, when considering an amendment of the Exclusive Agricultural Zoning District (A-1), the following procedures and standards shall be used.  The Department of Agriculture, Trade and Consumer Protection shall be notified of all rezonings.  Decisions on petitions for rezoning areas zoned for exclusive agricultural use shall be based on findings which consider:

(a)    Adequacy of existing or proposed facilities to serve the development.

(b)    Burden upon the local government by providing these facilities.

          (c)   Suitability of the land for development.

(d)   Air and water pollution, soil erosion or adverse effects on rare or irreplaceable natural areas which the development causes.

 (e)   Potential for conflict with remaining agricultural uses in the area.

 (f)   Need of the proposed development for a location in an agricultural area.

(g)   Availability of alternative locations.

(h)   Productivity of the agricultural lands involved.

(i)    Location of the proposed development to minimize the amount of agricultural land converted.

 

 

ZONING CODE    17.065

17.065    AGRICULTURAL RESIDENTIAL DISTRICT (A-2). (Am. #1990-1; Am. 10/19/98) (1) PURPOSE. (Am. 8/7/00) The Agriculture ResidentialDistrict is intended to preserve productive farmlands and to protect farming operations from conflicting land uses. Further, this District is designed to prevent the inefficient spread of urban development into agricultural areas that are inadequately served by public facilities.

(2) PERMITTED USES. (Rn. 10/19/98; Am. 8/7/00)  (a) In the Agricultural Residential District no structureor premises shall be used and no structureshall hereafter be erected or structurally altered, unless otherwise provided in this Chapter, except for one or more the following uses:

          1.  Forestry, nurseries, orchards, specialty cropping, and similar agricultural production operations. (Cr. 10/19/98)

          2.  In season removable roadside stands for the sale of farm products produced on the premises, and up to 2 signs not larger than 10 sq. ft. each for advertising the permitted roadside stand. (Cr. 10/19/98)

1. Farm dwellings which serve as the principal residence for the owner, operators and employees of the agricultural enterprise. (Cr. 10/19/98)

 

4.   General farming including raising and caring for livestock. (Am. 10/19/98; Rn. 8/7/00)

5.  Dwellings and accessory buildings. (Cr. 8/7/00)

(b)1. Professional home offices, and the following rural home occupations:  activities such as cabinet making, auto and auto body repair, retail sales, pottery manufacturing, day care and baby-sitting, real estate sales, insurance sales, laundering, beauty shops, barber shops, gunsmithing, jewelry making, the making of crafts, dance studios, woodcarving studios, outboard motor and small engine repair, lawn care and/or landscaping, upholstering, dressmaking, curtain making and other such similar activities.  Any rural home occupation conducted in the agricultural residential district must be consistent with, and is restricted by, the definition of same in Sec. 17.01(3).   (Am. 7/18/94; Rn. 10/19/98; Am.. 8/4/03).

            2. The professional home offices and rural home occupations specified above are permitted within a single dwelling unit provided that no more than 25% of total floor space is used for the home or farm based occupation or within a single detached accessory structure or outbuilding up to 1000 sq. ft. in total floor area, and where no equipment, supplies, miscellaneous items, raw materials, items to be sold or repaired, or other items associated outside of the allowable indoor floor area.  The parcel must be at
least 5 acres in area and be located in the Agricultural Zoning District.  Property line setbacks must be at least 100 ft. when adjoining any parcel located in the Residential Zoning Districts.  There shall be no more than two rural home occupations or professional home offices per lot.  Normal, customary and permitted agricultural uses or practices may continue without restriction (Cr. 7/18/94; Am.. 8/4/03).

            (3)  PROHIBITED USES. (Rn. 10/19/98) (a) No trailer camps or planned mobile home developments shall be permitted in the Agricultural District.

            (b) Notwithstanding anything to the contrary in this Section, no nonfarm buildings shall be erected on any soils classed 1,2 or 3 by the Natural Resources Conservation Service, a division of the U.S. Dept. of Agriculture, on the soil conservation maps of the Town. (Am. 8/7/00).

(c)  No rural home occupation or professional home offices shall be allowed unless granted a special use permit by the Town Board, after a public hearing.  The Town Board may, at it’s discretion, apply conditions to that permit.  Examples of these conditions could include, but not be limited to the following: driveway standards, excessive traffic, septic inspection, fencing or screening, health or safety considerations, letter of intent to include, but not be limited to, general services, typical hours of operation, presence of chemicals or hazardous materials and waste.  Permits may not be transferred from one owner to another.  A new permit must be obtained by each owner. (Cr. 7/18/94; Am. 8/3/04).

(4)   NUMBER OF EMPLOYEES.  (Cr. 7/18/94; Rn. 10/19/98) (a) Not more than 2 full time equivalent employees associated with the home or farm based occupation, who are not residents of the parcel, may be employed.

(5) CONDITIONAL USES. (Cr. 10/19/98)

            (a)  Enterprises engaged in the sale and service of machinery used in agricultural production.

(b)  Facilities for the centralized bulk collection, storage, and distribution of agricultural products to wholesale and retail markets.

           (c)  Storage and sale of seeds, feeds, and similar products essential to agricultural production.

          (d)  Bed and Breakfast Inns.

         (e)  Other uses essential for the support of agricultural production, provided such uses do not conflict with the purposes of the Agriculture District.

                                                                                               
                                                                                               

 

 

                                                                                                           
ZONING CODE 17.065(5)(f)       

f)  Structures exceeding 35 ft. in height.

(6)  LOTS. (Cr. 10/19/98)

        (a)  There shall be no more than 4 lots per quarter quarter section (as laid out in the system of rectangular survey relating to base lines established by the Federal Government).
A quarter quarter section is not merely an aggregate 40 acre parcel of real estate, rather it is what is typically known as a forty being synonymous with a quarter quarter section.
        
        (b)  Minimum lot areas.  The minimum lot area shall be 2 acres.  All residential lot sizes shall comply with ILHR 85 of the Wisconsin Administrative Code.

        (c) Only one single family residence shall be permitted per lot.

(d)  Minimum Yards.

1. Side &Rear. The minimum side and rear yard shall be 10 ft. as measured from the lot line to the nearest point of the structure.”

 

                    (7)  BUILDINGS. (Cr. 10/19/98) (a) Height.  No building structure or sign shall exceed 35 ft. in height above the grade elevation except as provided in subsection (7)(a)1.

         1.  Agricultural structures such as silos, barns, and grain storage buildings or grain elevators.

• Duplexes will not be allowed.

 

ZONING CODE   17.07

17.07   COMMERCIAL DISTRICT  (C-1).  (Am. 10/19/98) (1) PURPOSE.  The Commercial District provides an area for commercial, business and professional service uses and other  areas of compact development served by private or public sewage systems as specified in ILHR 85 of the Wisconsin Administrative Codes.

            (2)  PERMITTED. (a)  By way of illustration, and not exclusion, the following and like business services are permitted: appliance dealers; art, gift, jewelry and notions shops; bakeries, insurance and real estate offices; barber shops; beauty parlors; banks and financial institutions; clinics; clothing stores; drug stores and pharmacies; eating and drinking establishments; florists; food lockers; fruit, vegetable, meat, fish, grocery supermarkets, and other retail food stores; furniture, department, and hardware stores; hotels, motels, motor lodges, and inns; laundries and dry cleaners; liquor stores; music, radio and television stores, news-stands; offices; optical stores; parking lots; places of entertainment; retail stores; sporting goods stores; clubs, fraternal organizations, and  lodges operated for profit; vehicular sales and service; gasoline stations; funeral homes; municipal buildings; mini-storage or self-storage facilities; and security fences. (Am. 10/19/98)

(3)  PARKING REQUIREMENTS. (a)  One space per 200 sq. ft. of building. (Cr. 10/19/98)

            (4)  SIGN REGULATIONS. (a) Any sign being erected must follow the regulations in Section 17.13 of this Code. (Cr. 10/19/98)

            (5) EROSION CONTROL. (a)  The erosion control regulations in Section 17.12 must be followed. (Cr. 10/19/98)

            (6)  SITE PLAN.  (a) When an application for a use permit is submitted, the owner or developer shall also submit a site plan of the proposed development (following Section 17.035 of this Code) showing the location of the building, required setback lines, internal streets and parking areas, landscaping, screening, adequate street lighting, and other information as may be required by the Plan Commission. No use permit shall be issued unless the site plan has been approved by the Plan Commission and the Town  Board. (Cr. 10/19/98)
          

17.075   LARGE SCALE RETAIL DEVELOPMENT

 (Cr. 9/2/03) (1)  The magnitude of large scale retail developments 
               pose unique challenges to the community due to size, impact on traffic circulation, parking, storm
               water facilities, and visual impact on the community that sets them apart from smaller
               establishments within the Town commercial zoning districts.  Pursuant to the Authority of
               Section 62.23 (3), Wis. Stats., this Section is created to establish requirements which
               further the goal of guiding and accomplishing coordinated harmonious development of
                                                                LARGE SCALE RETAIL DEVELOPMENT 17.075(1)

              large scale retail development within the Town.  Specifically, the requirements created by       
                this ordinance are to ensure that large-scale retail developments are compatible
                with surrounding land uses and contribute to the unique community character
                of River Falls as well as to its aesthetics and the health, safety, and general
                welfare of the Town and it's citizens are protected.     

(2)           Definitions.  The following definitions shall control interpretation and application
                of this ordinance:
               
                                (a)  "Accessory structure" means structures, which are subordinate to the
                                        principal structure used as a large retail establishment, including but
                                        not limited to garages, sheds, automobile maintenance centers or
                                        storage or maintenance facilities.

                                (b)   "Adjoining residential property" means a lot, parcel or other legal
                                        division of land which is zoned residential or on which a single or multiple family
                                        dwelling is located, whether consistent with or inconsistent with current
                                     zoning regulations, or could be located consistent with current zoning
                                     regulations.                                

                                (c)  "Buildings" means a structure with walls and a roof, which are
                                       suitable for use by humans or for storage.

                                (d)  "Commercial establishment" means a retail business consisting of on
                                     or more retail operations, stores, or shops, whether jointly or
                                       separately owned or operated, doing business from a principal
                                       structure subject to this ordinance.

                                (e)  "Facade" means each side of a principal structure subject to this
                                       ordinance.

                                (f)  "Front corners" mean each corner of the side of the principal
                                      structure, which faces the public street on which its main
                                      customer entry or entries are located.       

                                (g)  "Gross floor area" means the square footage of all space contained
   &nb